# The Education (Student Support) (European University Institute) Regulations 2010, Regulation 27: Interpretation

Extent: E+W

(1) For the purposes of regulations 22 to 26—
(a) “adult dependant” means, in relation to a student (“A”), an adult person dependent on A but does not include A's child, A's partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or A's former partner;
(b) “child” in relation to a student (“A”) includes any child of A's partner who is dependent on A and any child for whom A has parental responsibility who is dependent on A;
(c) “dependant” means, in relation to a student (“A”), A's partner, A's dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
(d) “dependent” means wholly or mainly financially dependent;
(e) “lone parent” means a student who does not have a partner and who has a dependent child;
(f) “net income” has the meaning given in paragraph (2);
(g) subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following—
(i) the spouse of a student;
(ii) the civil partner of a student;
(iii) a person ordinarily living with a student (“A”) as if that person were A's spouse where A was aged 25 or over at the start of the academic year in respect of which A's contribution falls to be assessed;
(iv) a person ordinarily living with a student (“A”) as if that person were A's civil partner where A was aged 25 or over at the start of the academic year in respect of which A's contribution falls to be assessed;
(h) unless otherwise indicated, a person who would otherwise be a partner under subparagraph (g) is not to be treated as a partner if—
(i) in the opinion of the Secretary of State, that person and the student are separated; or
(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the student;
(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the fact that the student with whom that person is living was not aged 25 or over at the start of the academic year in respect of which the student's contribution falls to be assessed;
(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (g) but for the date on which the student began the designated course or the fact that the student with whom that person is ordinarily resident was not aged 25 or over at the start of the academic year in respect of which the student's contribution falls to be assessed.
(2) Subject to paragraph (3), a dependant's net income is that person's income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;
(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 ;
(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002 ;
(d) any guardian's allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;
(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989 or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014;
(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant's child or any assistance given by a local authority pursuant to section 24 of that Act; ...
(g) any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002 ; and
(h) in the case of a dependant who is entitled to an award of universal credit under Part 1 of the Welfare Reform Act 2012—
(i) any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has ... limited capability for work and work-related activity; and
(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element)
(3) Where a student or that student's partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student's course, the partner's net income is net income calculated in accordance with paragraph (2) reduced by—
(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation has been reasonably incurred; or
(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in the Secretary of State's opinion, a lesser obligation could reasonably have been incurred.
(4) For the purposes of paragraph (2), where—
(a) the dependant is a dependent child; and
(b) payments are made to the student towards the child's maintenance,
those payments are to be treated as the child's income.

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Source: https://www.legislation.gov.uk/uksi/2010/447/regulation/27 (the official version)
Page: https://openlegislation.uk/education-student-support-european-university-institute-regulations-2010/regulation-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.