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Paragraph 6 Calculation of eligible student’s partner’s residual incomeI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraphs (2) to (6), an eligible student’s partner’s residual income is determined in accordance with paragraph 5, other than sub-paragraphs (2)(b) and (c), (3)(b) and (c), and (9) to (13), as if references to the parent in paragraph 5 were references to the eligible student’s partner.

(2)

Where the Secretary of State determines that the eligible student and the eligible student’s partner are separated for the duration of the relevant year, the eligible student’s partner’s residual income is not taken into account in determining the household income.

(3)

Where the Secretary of State determines that the eligible student and the eligible student’s partner have separated during the relevant year, the eligible student’s partner’s residual income is determined by reference to the eligible student’s partner’s residual income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Secretary of State determines that the eligible student and the eligible student’s partner are not separated.

(4)

Where—

(a)

the eligible student is studying two or more courses in the same service year, and

(b)

the Secretary of State determines that the eligible student and the eligible student’s partner separated—

(i)

after the relevant year, but

(ii)

during the course year for which household income was assessed in respect of a relevant year determined in accordance with paragraph 1(3),

the eligible student’s partner’s residual income is determined in accordance with paragraph (3), but as if for “the relevant year” there were substituted “the period of multiple study”.

(5)

Where the eligible student’s partner dies during the relevant year and the eligible student’s partner’s income has been or would be taken into account for determining the household income, the household income is the aggregate of—

(a)

the appropriate proportion of the household income determined by reference to the income of the eligible student and the eligible student’s partner, being the proportion in respect of that part of the relevant year during which the eligible student’s partner was alive, and

(b)

the appropriate proportion of the household income determined by reference to the income of the eligible student, being the proportion in respect of that part of the relevant year after the death of the eligible student’s partner.

(6)

Where—

(a)

the eligible student is studying two or more courses in the same service year,

(b)

the eligible student’s partner dies—

(i)

after the relevant year, but

(ii)

during the course year for which household income was assessed in respect of a relevant year determined in accordance with paragraph 1(3), and

(c)

the eligible student’s partner’s income has been or would be taken into account for the purpose of determining the household income,

the household income is determined in accordance with paragraph (5), but as if for “the relevant year” there were substituted “the period of multiple study”.

Annotations

Commencement

I1

Sch. 7 para. 6 in force at 1.9.2026, see reg. 1(1)(b)