Paragraph 11 I1

In this Part—

• “adult dependant” means, in relation to a student, an adult person dependant on the student not being his child, his spouse or a person living with him as his spouse or his former spouse, subject however to sub-paragraphs (2) and (3);

• “child”, in relation to a student, includes a person adopted in pursuance of adoption proceedings, a step-child and any child for whom the student has parental responsibility and who is dependant on him;

• “dependant” means, in relation to a student, his dependant child, his spouse or an adult dependant, subject however to sub-paragraphs (2) and (3);

• “income” means income for the year from all sources (reduced by income tax and social security contributions) but disregarding any pension, allowance or other benefit paid by reason of a disability to which the person is subject, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person, which is not subject to income tax under the Income Tax Acts or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts, and disregarding any benefit or allowance paid to a person for the benefit of a child of his or of whom he has custody or care or for whom he provides accommodation, by any state authority or agency, national, regional or local, and in the case of the student’s spouse—

  1. (a)

     where the spouse holds an award in respect of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 3(1), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 12(1)(b) or (2)(c) or so much of those payments as relates to the part-time part of the course;

  2. (b)

     where the spouse or the student makes any payment which was previously made by the student in pursuance of an obligation incurred before the first year of his course—

     1. (i)

        if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;

     2. (ii)

        if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate;

  3. (c)

     any payments made to the spouse in pursuance of an order of a competent court for the benefit of a child who is not his child of whom he has custody or care or for whom he provides accommodation;

• “relevant award” means a statutory award in respect of a person’s attendance at—

  1. (a)

     a full-time course of higher education or a comparable course outside Northern Ireland;

  2. (b)

     a course of teacher training specified in paragraph (b) in the definition of “course of initial teacher training” in regulation 3(1);

  3. (c)

     the full-time part of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 3(1), which is partly full-time and partly part-time;

• “spouse”, except in the definition of adult dependant, shall not include a student’s spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.

A person, including the student’s spouse, shall not be treated as a dependant of the student during any period for which that person—

A person shall not be treated as a student’s adult dependant or as his dependant child—