education, england PART 1 GENERAL Citation, commencement, application and interpretation 1 These Regulations may be cited as the Education (Student Support) (European Institutions) (No. 2) Regulations 2006 and come into force on 31st December 2006. 2 These Regulations apply in relation to England . 3 In these Regulations— “1998 Act” means the Teaching and Higher Education Act 1998; “2006 Regulations” means the Education (Student Support) (European Institutions) Regulations 2006 ; “ academic authority ” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body; “ current course ” means the designated course in respect of which a person is applying for support or to be recognised as an eligible student; “ eligible student ” has the meaning given by regulation 9; “European Community” means the territory comprised by the Member States of the European Community as constituted from time to time; “European institution” means— the Bologna Center; the College of Europe; the European University Institute; “ grants for living and other costs ” means the grants payable under regulation 19 or 21; “ person with leave to enter or remain ” means a person— who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom; who has been granted leave to enter or remain accordingly; whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 ); and who has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain; “ qualifying course ” means a course— which is— a postgraduate or comparable course; and of at least two academic years’ duration; and in respect of which the student received, for at least two academic years of the course, a statutory award other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with his attendance on the course by reason of a disability to which he is or was subject; “ refugee ” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 ; “ relevant date ” means 1st February 2007; “ statutory award ” means any award bestowed, grant paid or other support provided by virtue of the 1998 Act or the Education Act 1962 , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds; “ student loans legislation ” means the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder or the 1998 Act and regulations made thereunder; “ supplementary grants ” means the grants payable under Chapter 4 of Part 4. Revocation and saving provisions 4 Subject to regulations 5 and 6, the Education (Student Support) (European Institutions) Regulations 2006 and the Education (Student Support) (European Institutions) (Amendment) Regulations 2006 are revoked in relation to England. 5 Regulation 5 of the 2006 Regulations continues to apply. 6 The 2006 Regulations shall continue to apply in relation to England in respect of an academic year beginning on or after 1st September 2006 but before 1st September 2007 and in respect of an academic year beginning on or after 1st September 2005 but before 1st September 2006 so far as the 2006 Regulations relate to an academic year beginning in that period. 7 These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2007 whether anything done under these Regulations is done before, on or after 1st September 2007. PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY Applications 8 1 Unless a person seeking support under these Regulations is already an eligible student by virtue of regulation 9(10), he must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the relevant European institution by the application deadline. 2 Where a person seeking support under these Regulations is already an eligible student by virtue of regulation 9(10), he must notify the Secretary of State in writing by the application deadline that he wishes to apply for support under these Regulations. 3 Subject to paragraph (4), the application deadline is— a 1st February 2007, in the case of the Bologna Center; b 15th January 2007, in the case of the College of Europe; and c 31st January 2007, in the case of the European University Institute. 4 The Secretary of State may extend the application deadline if he considers that the circumstances of the case warrant it. Eligible students 9 1 An eligible student qualifies for support in connection with his attendance on a designated course subject to and in accordance with these Regulations. 2 Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the College of Europe or the European University Institute if— a the academic authority of the European institution providing the designated course notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on that course by the academic authority; and b the Secretary of State determines in connection with an application for support under these Regulations that he falls within one of the categories in Part 2 of Schedule 1. 3 Subject to paragraphs (4) and (8), a person is an eligible student in connection with a designated course at the Bologna Center if— a the academic authority of the Bologna Center nominates him for support under these Regulations by writing to the Secretary of State; and b the Secretary of State determines in connection with an application for support under these Regulations that he falls within one of the categories in Part 2 of Schedule 1. 4 A person is not an eligible student if— a subject to paragraph (5), he has attended a qualifying course; b he is in breach of an obligation to repay any loan; c he has reached the age of 18 and not ratified any agreement for a loan made with him when he was under the age of 18; or d he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support. 5 Paragraph (4)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay him support in connection with the current course. 6 For the purposes of paragraph (4)(b) and (c), “ loan ” means a loan made under the student loans legislation. 7 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when he had no curator. 8 The number of eligible students must not exceed— a 2, in the case of the Bologna Center; b 22, in the case of the College of Europe; and c 26, in the case of the European University Institute. 9 An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for more than one designated course. 10 Despite paragraphs (2) to (4) and subject to paragraphs (8), (11) and (12), a person is an eligible student in connection with a designated course at a European Institution if— a he qualified as an eligible student in connection with— i an earlier academic year of the current course; or ii a designated course that he attended at the same European institution and from which his status as an eligible student was transferred to the current course; and b his status as an eligible student has not terminated. 11 Where— a the Secretary of State determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“ A ”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the same European institution from which his status as an eligible student has been transferred to the current course; and b the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he is applying for support. 12 Where— a the Secretary of State determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible student in connection with an application for support for an earlier year of the current course or in connection with an application for support for a designated course at the same European institution from which his status as an eligible student has been transferred to the current course; and b the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom is due to expire before the first day of the academic year in respect of which A is applying for support and, as at the day before that academic year begins, no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), A’s status as an eligible student terminates on the day before the first day of the academic year in respect of which he is applying for support. 13 Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Secretary of State determined that he was an eligible student before 1st September 2007. 14 The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether a person is an eligible student. 15 The Secretary of State must inform a person who has been notified to him under paragraph (2)(a) or nominated under paragraph (3)(a) whether he qualifies as an eligible student. 16 A person who has received notification from the Secretary of State under paragraph (15) that he is an eligible student in connection with a course at the College of Europe or the European University Institute and a person who is an eligible student at the College of Europe or the European University Institute by virtue of paragraph (10) must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that he requests in order to determine the amount of support payable under these Regulations in respect of the academic year. 17 The deadline for receipt of financial information is 31st July 2007 or, in the case of grants payable under regulations 19(7) and 21(6), 28th February 2008. 18 The Secretary of State must notify an eligible student of the amount of support payable in respect the academic year, if any. Designated courses 10 A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 9 if it is— a a postgraduate or comparable course; b a full-time course; c of at least one academic year’s duration; and d provided by a European institution. Period of eligibility 11 1 Subject to the following paragraphs and regulation 9 a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the relevant European institution would ordinarily expect the student to complete the course (“period of eligibility”). 2 The student’s period of eligibility terminates when the student— a withdraws from his designated course in circumstances in which the Secretary of State will not transfer his status as an eligible student in accordance with regulation 12; or b abandons or is expelled from his designated course. 3 The Secretary of State may terminate the student’s period of eligibility if he is satisfied that the student has by his conduct shown himself unfitted to receive support. 4 Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as he determines. 5 If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following— a terminate the student’s period of eligibility; b determine that the student no longer qualifies for any particular type of support or particular amount of support; c treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 38. Transfer of eligibility 12 1 Where an eligible student transfers to another designated course at the same European institution, the Secretary of State must transfer the student’s status as an eligible student where— a he receives a request from the eligible student to do so; b he is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and c the student’s status as an eligible student has not terminated. 2 An eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Secretary of State in respect of the academic year of the course from which he transfers. 3 An eligible student who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the academic year of the course from which he is transferring but before he completes that year may not, in connection with the academic year of the course to which he transfers, apply for another grant of a kind that he has already applied for under these Regulations in connection with the academic year of the course from which he is transferring. PART 3 PROVISION OF INFORMATION Information 13 Every applicant and eligible student must, as soon as reasonably practicable after he is requested to do so, provide the Secretary of State with such information as the Secretary of State considers he requires for the purposes of these Regulations. 14 Every applicant and eligible student must immediately inform the Secretary of State and provide him with particulars if— a he withdraws from, abandons or is expelled from his course; b he transfers to another course at the same European institution; c he ceases to attend his course and does not intend to or is not permitted to continue it for the remainder of the academic year; d he is absent from his course for more than 60 days due to illness or for any period for any other reason; e the month for the start or the completion of the course changes; f his home or term-time address changes. 15 Information provided to the Secretary of State pursuant to these Regulations must be in the format required by the Secretary of State and, if the Secretary of State requires the information to be signed by the person providing it, an electronic signature in such form as the Secretary of State may specify satisfies this requirement. PART 4 FINANCIAL SUPPORT General 16 1 Subject to paragraph (2), the general rule is that— a an eligible student who is attending a designated course provided by the Bologna Center (“Bologna Center student”) qualifies for support in connection with an academic year of that course in accordance with the provisions of Chapter 1; b an eligible student who is attending a designated course provided by the College of Europe (“College of Europe student”) qualifies in connection with an academic year of that course for— i a grant for fees and grants for living and other costs in accordance with Chapter 2; and ii supplementary grants in accordance with Chapter 4; and c an eligible student who is attending a designated course provided by the European University Institute (“European University Institute student”) qualifies in connection with an academic year of that course for— i grants for living and other costs in accordance with Chapter 3; and ii supplementary grants in accordance with Chapter 4. 2 If the academic year in respect of which the eligible student has applied for support is a year of repeat study the Secretary of State may determine that— a the student does not qualify for a particular type or amount of support in respect of the year of repeat study; or b the student does not qualify for any support in respect of the year of repeat study. 3 In determining whether an eligible student should not qualify for some or any support in accordance with paragraph (2) the Secretary of State shall have regard to the circumstances of the case and in particular the reasons for which the student has been required to repeat an academic year. 4 For the purposes of this regulation, “ year of repeat study ” means an academic year or part of an academic year which the student has previously attended but is required by the relevant European institution to attend again. CHAPTER 1 GRANTS FOR FEES FOR BOLOGNA CENTER STUDENTS Grant for fees 17 1 A Bologna Center student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2). 2 Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the course during that academic year. 3 The maximum amount of grant for fees payable under this regulation is 24,100 euro. CHAPTER 2 GRANTS FOR COLLEGE OF EUROPE STUDENTS Grant for fees 18 1 A College of Europe student qualifies for a grant for fees in respect of an academic year of the current course calculated in accordance with paragraph (2). 2 Subject to paragraph (3), the amount of grant for fees payable in respect of an academic year is the aggregate amount of fees payable by the student in respect of, or otherwise in connection with, his attendance on the current course during that academic year. 3 The maximum amount of grant for fees is 10,250 euro. Grants for living and other costs 19 1 Subject to paragraph (2), a College of Europe Student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7). 2 A College of Europe student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 3 A College of Europe student qualifies for a grant for living costs of an amount equal to the sum of ( A + B) where— A is £2,343; and B is £48 for each week, including a week during which the student is required to attend the College for less than 5 days, that the student is required to attend the College in excess of 30 weeks and 3 days. 4 A College of Europe student qualifies for a grant for board and lodging of 6,000 euro. 5 A College of Europe student qualifies for a grant for travel home of an amount equal to ( A – B) where— A is the amount determined by the Secretary of State to be the cost of three return journeys from the student’s home address to the College of Europe; and B is £97. 6 A College of Europe student qualifies for a grant for college travel of such amount as the Secretary of State determines to be the reasonable cost of travel from the student’s residence whilst attending the College of Europe to the College of Europe. 7 Subject to the prior agreement of the Secretary of State before costs are incurred, a College of Europe student qualifies for a grant for research travel of such amount as the Secretary of State determines to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the College of Europe during the academic year in respect of which support is being applied for. 20 A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated in accordance with regulation 19. CHAPTER 3 GRANTS FOR EUROPEAN UNIVERSITY INSTITUTE STUDENTS Grants for living and other costs. 21 1 Subject to paragraphs (2) and (3), a European University Institute student qualifies in respect of an academic year for the grants for living and other costs specified in and calculated in accordance with paragraphs (3) to (7). 2 A European University Institute student does not qualify for any of the grants payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 3 A European University Institute student qualifies for a grant for living costs of 13,000 euro. 4 A European University Institute student qualifies for a grant for travel home of the amount determined by the Secretary of State to be the reasonable cost of one return journey from the student’s home address to the European University Institute; 5 A European University Institute student qualifies for a grant for college travel of the amount determined by the Secretary of State to be the reasonable cost of travel from the student’s residence whilst attending the European University Institute to the European University Institute. 6 Subject to the prior agreement of the Secretary of State before costs are incurred, a European University Institute student qualifies for a grant for research travel of the amount determined by the Secretary of State to be the reasonable cost of travel incurred for the purposes of completing periods of research authorised by the European University Institute during the academic year in respect of which support is being applied for. 7 A European University Institute student qualifies for a grant for medical insurance of the amount determined by the Secretary of State to be the reasonable cost of insuring the student against liability for the cost of medical treatment provided outside the United Kingdom where the ordinary duration of the course is more than one academic year . 22 A deduction may be made in accordance with Part 5 from the amount payable in respect of any of the grants calculated under paragraphs (4) to (6) of regulation 21. CHAPTER 4 SUPPLEMENTARY GRANTS Disabled students’ allowance 23 1 Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies for a disabled students’ allowance to assist with the additional expenditure which the Secretary of State is satisfied that he is obliged to incur by reason of a disability to which he is subject in respect of his attendance at a designated course. 2 A College of Europe student or a European University Institute student does not qualify for a disabled students’ allowance if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. Amount of disabled students’ allowance 24 1 Subject to paragraph (2), the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances to assist with one or more types of eligible expenditure. 2 The amount of disabled students’ allowance must not exceed £5,915 in respect of an academic year. 3 The “types of eligible expenditure” are— a expenditure on a non-medical personal helper; b expenditure on major items of specialist equipment; c any additional expenditure incurred— i in the country where the relevant institution is located for the purpose of attending the institution; and ii within or outside the United Kingdom for the purpose of travelling to the relevant institution in order to attend the relevant course. Grant for dependants 25 1 The grant for dependants consists of the following elements— a adult dependants’ grant; and b parents’ learning allowance. 2 The qualifying conditions for each element and the amounts payable are set out in regulations 26 to 30. Adult dependants’ grant 26 1 Subject to paragraph (3), a College of Europe Student or a European University Institute student qualifies for an adult dependants’ grant in connection with his attendance on a designated course in accordance with this regulation. 2 The adult dependants’ grant is available in respect of a dependant of an eligible student who is either— a the student’s partner; or b an adult dependant of the student whose net income does not exceed £3,610. 3 A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 27 1 The amount of the adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being— a in respect of the current academic year, £2,510; or b where the person in respect of whom the student is applying for adult dependants’ grant is ordinarily resident outside of the United Kingdom, such amount not exceeding £2,510 as the Secretary of State considers reasonable in the circumstances. Parents’ learning allowance 28 1 Subject to paragraph (2), a College of Europe student or a European University Institute student qualifies in connection with his attendance on a designated course for the parents’ learning allowance if he has one or more dependants who are dependent children. 2 A College of Europe student or a European University Institute student does not qualify for the grant payable under this regulation if paragraph 9 of Part 2 of Schedule 1 is the only paragraph of Part 2 of that Schedule into which the student falls. 3 The amount of the parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being £1,435. Calculations 29 1 Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the College of Europe student or European University Institute student qualifies under regulations 26 to 28 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 26 to 28, an amount equal to ( A – B) as follows and in the following order— a to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 26; and b to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 28. 2 Subject to paragraphs (4) and (5), where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the student qualifies is payable. 3 Where ( A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil. 4 The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where— a the student’s partner— i is an eligible student; or ii holds a statutory award; and b account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award. 5 Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50. 6 For the purposes of this regulation— A is the aggregate of the net income of each of the eligible student’s dependants; and B is— £1,100 where the student has no dependent children; £3,300 where the student is not a lone parent and has one dependent child; £4,400 where the student is not a lone parent and has more than one dependent child; £4,400 where the student is a lone parent and has one dependent child; £5,505 where the student is a lone parent and has more than one dependent child. 30 A deduction may be made in accordance with Part 5 from the amount payable in respect of a particular element of the grant for dependants calculated in accordance with regulations 26 to 29. Interpretation 31 1 For the purposes of regulations 26 to 30— a “ adult dependant ” means, in relation to a student, an adult person dependent on the student but does not include his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner; b “ child ” in relation to a student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him; c “ dependant ” means, in relation to a student, his partner, his 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 as if he were his spouse where that student— aa was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and bb started the designated course on or after 1st September 2000; iv a person ordinarily living with a student as if he were his civil partner where that student— aa was aged 25 or over at the start of the academic year in respect of which the student’s contribution falls to be assessed; and bb started the designated course on or after 1st September 2005; h unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (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 he would be a partner under sub-paragraph (g) but for the fact that the student with whom he 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 he 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 he 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 his 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 ; 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; and g any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002. 3 Where a student or his 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 his 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. PART 5 CONTRIBUTIONS Student’s contribution 32 A College of Europe student or European University Institute student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 2. Application of the student’s contribution 33 1 The contribution calculated in accordance with regulation 32 shall be applied— a in the case of a College of Europe student in accordance with regulation 34; and b in the case of a European University Institute student in accordance with regulation 35. 34 1 In the case of a College of Europe student, the Secretary of State must apply the student’s contribution— a first, to reduce the amount of grant for living costs calculated under regulation 19(3); b second— i in the case of a student who is eligible for the grant for dependants, to reduce in the following order— aa the amount of any adult dependants’ grant calculated in accordance with regulation 29; bb the amount of any parents’ learning allowance calculated in accordance with regulation 29; and cc the amount of any grant for board and lodging calculated in accordance with regulation 19(4); ii in any other case, to reduce the amount of grant for board and lodging calculated under regulation 19(4); c third, to reduce the amount of grant for travel home calculated in accordance with regulation 19(5); d fourth, to reduce the amount of grant for college travel calculated in accordance with regulation 19(6); e fifth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 19(7). 2 Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(e) exceeds the amount of that grant calculated under regulation 19(7), the amount of that grant payable to the student is nil. 35 1 In the case of a European University Institute student, the Secretary of State must apply the student’s contribution— a first, to reduce the amount of grant for living costs calculated in accordance with regulation 21(3); b second— i in the case of a student who is eligible for the grant for dependants, to reduce in the following order— aa the amount of any adult dependants’ grant calculated in accordance with regulation 29; bb the amount of any parents’ learning allowance calculated in accordance with regulation 29; and cc the amount of any grant for travel home calculated in accordance with regulation 21(4); ii in any other case, to reduce the amount of grant for travel home calculated in accordance with regulation 21(4); c third, to reduce the amount of grant for college travel calculated in accordance with regulation 21(5). d fourth, subject to paragraph (2), to reduce the amount of grant for research travel calculated in accordance with regulation 21(6). 2 Where the contribution available to reduce the amount of grant for research travel in accordance with paragraph (1)(d) exceeds the amount of that grant calculated under regulation 21(6), the amount of that grant payable to the student is nil. PART 6 PAYMENTS Payment of grant for fees 36 1 The Secretary of State must not pay the grant for fees for which a student qualifies until he has received a request for payment from the academic authority. 2 The Secretary of State may make the payments of the grant for fees to the academic authority in such instalments and at such times as he considers to be appropriate. Payment of grants for living and other costs and supplementary grants 37 1 The Secretary of State may pay the grants for living and other costs and the supplementary grants for which a student qualifies in such instalments and at such times as he considers appropriate. 2 The Secretary of State may, if he considers it appropriate to do so, pay the grant payable under regulation 19(4) or regulation 21(3) to the relevant academic authority for the authority to pay the relevant grant on his behalf. 3 Where a final assessment of the amount of grants for living and other costs or supplementary grants payable to a student cannot be made on the basis of the information provided by the student, the Secretary of State may make provisional payments of those grants pending the final assessment. 4 The Secretary of State may, if he considers it appropriate to do so, make a payment of disabled students’ allowance before the start of the academic year in respect of which that payment is due. 5 Where the circumstances in regulation 14(a) or regulation 14(c) apply, the Secretary of State must not make any payments of support to a student after the date on which he stops attending his course unless he considers it appropriate to do so taking into account the circumstances of the student’s case. 6 The Secretary of State must not make any payments of support to a student who is absent from his course— a for more than 60 days due to illness; or b for any period for any other reason, unless he considers that it is appropriate to do so taking into account the circumstances of the student’s case. Overpayments 38 1 The Secretary of State may recover any overpayment of grant for fees from the academic authority. 2 An eligible student shall, if required to do so by the Secretary of State, repay any amount paid to that student under Part 4 which for whatever reason exceeds the amount of support to which he is entitled under Part 4. Bill Rammell Minister of State Department for Education and Skills 24th November 2006