Contents
Part 1 · General
3Title, commencement, application and interpretation#
(1)In these Regulations—• “1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;• “2000 Regulations” (“Rheoliadau 2000”) means the Education (Student Support) (European Institutions) Regulations 2000;• “academic authority” (“awdurdod academaidd”) 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;• “College” (“Coleg”) means the College of Europe;• “current academic year” (“blwyddyn academaidd gyfredol”) means the academic year beginning on or after 1 September 2005 but on or before 31 August 2006;• “current course” (“cwrs cyfredol”) means the designated course in respect of which a person is applying for support;• “current Directive student” (“myfyriwr Cyfarwyddeb cyfredol”) means a Directive student who began the current course before 1 September 2006;• “current student” (“myfyriwr cyfredol”) means a student who—(a) began the current course before 1 September 2006;(b) had been determined to be eligible for support in connection with his or her attendance on that course before 7 July 2006 pursuant to regulations under the 1998 Act; and(c) was ordinarily resident in Wales immediately before the moving date;• “Directive student” (“myfyriwr Cyfarwyddeb”) means a person who—(a) falls within paragraph 6 of Part 2 of Schedule 1 by virtue of being—(a) an EEA self-employed person;(ii) a Swiss self-employed person;(iii) a family member of an EEA self-employed person or a Swiss self-employed person;(iv) a dependent direct relative in the ascending line of an EEA migrant worker or the spouse or civil partner of such a worker;(b) falls within paragraph 3 of Part 2 of Schedule 1;(c) falls within paragraph 9 of Part 2 of Schedule 1 by virtue of being a family member of an EC national;(d) falls within paragraph 8 of Part 2 of Schedule 1;• “eligible student” (“myfyriwr cymwys”) has the meaning given by regulation 11;• “European Community” (“y Gymuned Ewropeaidd”) means the territory comprised by the Member States of the European Community as constituted from time to time;• “European institution” (“sefydliad Ewropeaidd”) means—(a) the Bologna Center;(b) the College of Europe;(c) the Institute;• “grants for living and other costs” (“grantiau at gostau byw a chostau eraill” ) means the grants payable under regulations 23 or 25;• “Institute” (“Sefydliad”) means the European University Institute;• “moving date” (“dyddiad symud”) means the date on which the applicant moves to Belgium, Italy or Poland, as the case may be, for the purpose of—(a) in any case where he or she is required by the relevant European institution to attend an intensive course of language tuition immediately before the designated course, attending that course of language tuition; or(b) in any other case, attending the designated course;• “new academic year” (“blwyddyn academaidd newydd”) means an academic year beginning on or after 1 September 2006;• “new student” (“myfyriwr newydd”) except in Schedule 2 means a student who—(a) begins the current course on or after 1 September 2006 but on or before 31 August 2007;(b) has been determined to be eligible for support in connection with his or her attendance on that course pursuant to the 2000 Regulations before 7 July 2006; and(c) is ordinarily resident in Wales;• “next academic year” (“blwyddyn academaidd nesaf”) means the academic year beginning on or after 1 September 2006 but on or before 31 August 2007;• “refugee” (“ffoadur”) 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 28 July 1951 as extended by the Protocol which entered into force on 4 October 1967;• “statutory award” (“dyfarniad statudol”) 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” (“y ddeddfwriaeth ar fenthyciadau i fyfyrwyr” ) 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” (“grantiau atodol”) means the grants payable under Chapter 4 of Part 4.• “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4Revocation, saving and transitional provisions#
The 2000 Regulations, the Education (Student Support) (European Institutions) (Amendment) Regulations 2001 and the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2001 are revoked in relation to Wales.
5Revocation, saving and transitional provisions#
The 2000 Regulations continue to apply in relation to Wales in respect of an academic year beginning before 1 September 2005.
6Revocation, saving and transitional provisions#
Subject to regulations 7 to 10, these Regulations apply only in relation to the provision of support in connection with a new academic year.
7Revocation, saving and transitional provisions#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
8Revocation, saving and transitional provisions#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
9Revocation, saving and transitional provisions#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
Part 2 · Eligibility
11Eligible students#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(6)For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(7)An asylum seeker within the meaning of this paragraph is a person who–
(8)
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(9)
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
12Designated courses#
A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 11 if it is—
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
13Period of eligibility#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
14Transfer of eligibility#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
Part 3 · Applying for support and provision of information
15Applications for financial support#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
16Time limits#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
18Information#
Every applicant and eligible student must immediately inform the National Assembly and provide the Assembly with particulars if—
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(f)it supports certain features in order to facilitate its use by users with a disability,
19Information#
Information provided to the National Assembly pursuant to these Regulations must be in the format required by the Assembly and, if the Assembly requires the information to be signed by the person providing it, an electronic signature in such form as it may specify satisfies this requirement.
Part 4 · Financial support
Chapter 1 · Grants for fees for bologna center students
21Grant for fees#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
Chapter 2 · Grants for college of europe students
22Grant for fees#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
23Grants for living and other costs#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(iii)his claim for asylum under that Convention is recorded by the Secretary of State has having been made.
(iv)seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976;
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(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 National Assembly to be the cost of three return journeys from the student’s home address to the College; and• B is—(a) in respect of the current academic year, £93; and(b) in respect of any other academic year, £95.
(6)For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(7)An asylum seeker within the meaning of this paragraph is a person who–
Chapter 3 · Grants for institute students
25Grants for living and other costs.#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(6)For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(7)An asylum seeker within the meaning of this paragraph is a person who–
(8)
Chapter 4 · Supplementary grants
27Disabled students' allowance— qualifying conditions#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
28Amount of disabled students' allowance#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(iii)his claim for asylum under that Convention is recorded by the Secretary of State has having been made.
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(iv)seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976;
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(iii)his claim for asylum under that Convention is recorded by the Secretary of State has having been made.
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(iv)seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976;
29Grant for dependants#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
30Adult dependants' grant#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
31Adult dependants' grant#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
32Parents' learning allowance#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
33Calculations#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(6)For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(a)in respect of the current academic year—• A is the aggregate of the net income of each of the eligible student’s dependants; and• B is £1,050 where the student has no dependent children;• £3,145 where the student is not a lone parent and has one dependent child;• £4,195 where the student is not a lone parent and has more than one dependent child;• £4,195 where the student is a lone parent and has one dependent child;• £5,250 where the student is a lone parent and has more than one dependent child;
(b)in respect of any other academic year—• A is the aggregate of the net income of each of the eligible student’s dependants; and• B is £1,075 where the student has no dependent children;• £3,225 where the student is not a lone parent and has one dependent child;• £4,300 where the student is not a lone parent and has more than one dependent child;• £4,300 where the student is a lone parent and has one dependent child;• £5,380 where the student is a lone parent and has more than one dependent child.
34Calculations#
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 30 to 33.
35Interpretation#
In this Part—
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(f)it supports certain features in order to facilitate its use by users with a disability,
(g)in paragraph (7) for the words “all work test" there shall be substituted the words “ personal capability assessment ”; and
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(iii)his claim for asylum under that Convention is recorded by the Secretary of State has having been made.
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(iv)seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976;
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(h)a reduction of a specified amount of benefit by virtue of section 2A of the Social Security Administration Act 1992 note;
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(i)a reduction in the amount of a jobseeker’s allowance payable by virtue of section 17 of the Jobseekers Act 1995 note;
(j)the non-payability of a jobseeker’s allowance or a reduction in the amount of a jobseeker’s allowance payable, pursuant to a decision made by virtue of regulation 27A of the Jobseeker’s Allowance Regulations 1996 or section 19 or 20A or regulations made under section 17A of the Jobseekers Act 1995 note;
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(f)it supports certain features in order to facilitate its use by users with a disability,
(g)in paragraph (7) for the words “all work test" there shall be substituted the words “ personal capability assessment ”; and
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
20General#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Part 5 · Contributions
36Student’s contribution#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
37Application of the student’s contribution#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
38Application of the student’s contribution#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(d)paragraph 2 shall be omitted.
(e)may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
39Application of the student’s contribution#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
(i)the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country; and
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(cc)“SNOW PLOUGH”;
(ii)he submits, within a period of three months from the date that declaration was made, a claim for asylum to the Secretary of State under the Convention relating to the Status of Refugees; and
(c)in paragraph (7) the definitions of the “Common Travel Area" and the “Convention relating to the Status of Refugees" shall be omitted.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Part 6 · Payments
40Payment of grant for fees#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
41Payment of grants for living and other costs and supplementary grants#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Regulation 70 of the Income Support Regulations and regulation 147 of the Jobseeker’s Allowance Regulations, regulation 162 of the Employment and Support Allowance Regulations, as the case may be, shall apply to a person who is an asylum seeker within the meaning of paragraph (4) who has not ceased to be an asylum seeker by virtue of paragraph (5).
(4)In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
(5)In Schedule A1 (treatment of claims for council tax benefit by refugees)–
(6)For the purposes of regulation 7A of the housing Benefit Regulations and regulation 4A of the Council Tax Benefit Regulations, a person who is an asylum seeker within the meaning of paragraph (7) who has not ceased to be an asylum seeker by virtue of paragraph (8), is not a person from abroad within the meaning of paragraph (1) of those regulations.
(a)submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date, or
(b)on or before 2nd April 2000 becomes, while present in Great Britain, an asylum seeker when–
42Overpayments#
(1)The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
(2)Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Schedule 1 · Eligible students
Part 1
(1)
(1)For the purposes of this Schedule—• “Directive 2004/38” (“Cyfarwyddeb 2004/38”) means Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;• “EC national” (“gwladolyn o'r GE”) means a national of a Member State of the European Community;• “EEA frontier self-employed person” (“person hunangyflogedig ffin yr EEA”) has the meaning given by sub-paragraph (2);• “EEA frontier worker” (“gweithiwr ffin yr EEA”) has the meaning given by sub-paragraph (3);• “EEA migrant worker” (“gweithiwr mudol o'r EEA”) means an EEA national who is or, in the case of an EEA national who applies for support after the moving date, was a worker, other than an EEA frontier worker, in the United Kingdom;• “EEA national” (“gwladolyn o'r EEA”) means a national of an EEA State other than the United Kingdom;• “EEA self-employed person” (“person hunangyflogedig o'r EEA”) means an EEA national who is or, in the case of an EEA national who has applied for support after the moving date, was a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;• “EEA State” (“Gwladwriaeth EEA”) means a Member State of the European Economic Area;• “employed person” (“person cyflogedig”) means an employed person within the meaning of Annex 1 to the Switzerland Agreement;• unless otherwise indicated, “family member” (“aelod o'r teulu”) means—(a) in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—(a) his or her spouse or civil partner;(ii) his or her child or the child of his or her spouse or civil partner; or(iii) dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;(b) in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—(a) his or her spouse or civil partner; or(ii) his or her child or the child of his or her spouse or civil partner;(c) in relation to an EC national who is not self-sufficient—(a) his or her spouse or civil partner; or(ii) direct descendants of his or her or of his or her spouse or civil partner who are—(aa) under the age of 21;(bb) dependants of his or her or of his or her spouse or civil partner;(d) in relation to an EC national who is self-sufficient—(a) his or her spouse or civil partner;(ii) direct descendants of his or her or of his or her spouse or civil partner who are—(aa) under the age of 21; or(bb) dependants of his or her or of his or her spouse or civil partner;(iii) dependent direct relatives in his or her ascending line or that of his or her spouse or civil partner;(e) in relation to a United Kingdom national, for the purposes of paragraph 9—(a) his or her spouse or civil partner; or(ii) direct descendants of his or her or of his or hr spouse or civil partner who are—(aa) under the age of 21; or(bb) dependants of his or her or of his or her spouse or civil partner;• “person with leave to enter or remain” (“person â chaniatâd i ddod i mewn neu aros”) means a person who—(a) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow him or her to enter or remain in the United Kingdom;(b) has been granted leave to enter or to remain accordingly; and(c) has been ordinarily resident in the British Islands throughout the period since he or she was granted leave to enter or remain;• “right of permanent residence” (“hawl i breswylio'n barhaol”) means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;• “self-employed person” (“person hunangyflogedig”) means—(a) in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or(b) in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Switzerland Agreement;• “self-sufficient” (“hunangynhaliol”) means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;• “settled” (“wedi setlo”) has the meaning given by section 33(2A) of the Immigration Act 1971;• “Swiss employed person” (“person cyflogedig o'r Swistir”) means a Swiss national who is or, in the case of a person who applies for support after the moving date, was an employed person, other than a Swiss frontier employed person, in the United Kingdom;• “Swiss frontier employed person” (“person cyflogedig ffin y Swistir”) has the meaning given in sub-paragraph (4);• “Swiss frontier self-employed person” (“person hunangyflogedig ffin y Swistir”) has the meaning given in sub-paragraph (5);• “Swiss self-employed person” (“person hunangyflogedig o'r Swistir”) means a Swiss national who is or, in the case of a person who applies for support after the moving date, was a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;• “United Kingdom national” (“gwladolyn o'r Deyrnas Unedig”) means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;• “worker” (“gweithiwr” ) means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be.
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(3)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(4)Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(5)The sheriff shall not make an order following an application under sub-paragraph (1)(a)—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(6)The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the apparatus of regulation 5.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(7)For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any apparatus of regulation 5 if he is satisfied that that regulation has been contravened in relation to an item of apparatus which is representative of that apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(8)Where an order for the forfeiture of any apparatus is made following an application by the procurator-fiscal under sub-paragraph (1)(a), any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part X of that Act.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(9)An order following an application under sub-paragraph (1)(a) shall not take effect—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(10)An order under sub-paragraph (1)(b) shall not take effect—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
Part 2 · Categories
(2)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
(2)
(3)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
(4)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(5)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(iii)paragraphs (2A) and (5) to (8).
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(6)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(iii)paragraphs (2A) and (5) to (8).
(iv)
(v)
(vi)areas in which there has already been a failure to meet the environmental quality standards laid down in EU legislation as it applied in the United Kingdom immediately prior to exit day, or in assimilated law and relevant to the project, or in which it is considered that there is such a failure;
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(2)
(7)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(c)is entitled to support by virtue of article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers, as extended by the EEA Agreement.
(8)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(d)
(e)
(2)
(3)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(9)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
(2)
(3)
(10)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
(2)
(11)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(aa)as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle being used for Serious Organised Crime Agency purposes;
(bb)Schedule 5 (Commissioner and Tribunal), paragraphs 4(5), 8, 9(1), (2) and (3), 10(1)(b), 13, 14 and 15,
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
Schedule 2 · Student's contribution
Part 1
(1)
(1)In this Schedule—• “EEA State” (“Gwladwriaeth EEA”) has the meaning given by paragraph 1 of Part 1 of Schedule 1;• “existing student” (“myfyriwr presennol”) means a College of Europe student who is not a new eligible student;• “financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of Part 2 of this Schedule is computed for the purposes of the income tax legislation which applies to it;• “household income” (“incwm aelwyd”, “incwm yr aelwyd” ac “incwm sydd gan yr aelwyd”) has the meaning given in paragraph 2;• “independent eligible student” (“myfyriwr annibynnol cymwys”) has the meaning given in sub-paragraph (2);• “Member State” (“Aelod-wladwriaeth”) means a Member State of the European Community;• “new student” (“myfyriwr newydd”) means a College of Europe student who begins a designated course on or after 1st September 2004;• “parent” (“rhiant”) means a natural or adoptive parent and “child” (“plentyn”), “mother” (“mam”) and “father” (“tad”) are to be construed accordingly;• “parent student” (“myfyriwr sy'n rhiant”) means a College of Europe student who is the parent of a College of Europe student;• “partner” (“partner”) in relation to a student means any of the following—(a) the spouse of the student;(ii) the civil partner of the student;(iii) a person ordinarily living with the student as if he or she were the spouse of the student where the student falls within sub-paragraph (2)(a) and begins the designated course on or after 1 September 2000;(iv) a person ordinarily living with the student as if that person were the student’s civil partner where the student falls within sub-paragraph (2)(a) and begins the designated course on or after 1st September 2005;• “partner” (“partner”) in relation to the parent of a College of Europe student means any of the following other than another parent of the College of Europe student—(a) the spouse of the College of Europe student’s parent;(b) the civil partner of the College of Europe student’s parent;(c) a person ordinarily living with the parent of the College of Europe student as if he or she were the parent’s spouse;(d) a person ordinarily living with the parent of the College of Europe student as it he or she were the parent’s civil partner;• “preceding financial year” (“blwyddyn ariannol flaenorol”) means the financial year immediately preceding the relevant year;• “relevant year” (“blwyddyn berthnasol”) means the academic year in respect of which the household income falls to be assessed;• “residual income” (“incwm gweddilliol”) means taxable income after the application of paragraph 3 (in the case of a student), paragraph 4 (in the case of a College of Europe student’s parent), paragraph 5 (in the case of a student’s partner) and paragraph 6 (in the case of the partner of a College of Europe Student’s parent);• “student” (“myfyriwr”) means a College of Europe student or an Institute student as the case may be.• “taxable income” (“incwm trethadwy”) means, in relation to paragraph 3, in respect of an academic year for which an application has been made under regulation 15 and, in relation to paragraph 4, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 4) of the preceding financial year, a person’s taxable income from all sources computed as for the purposes of—(a) the Income Tax Acts;(b) the income tax legislation of another EEA State or Switzerland which applies to the person’s income;(c) where the legislation of more than one EEA State or of an EEA State and Switzerland applies to the period, the legislation under which the National Assembly considers the person will pay the largest amount of tax in that period (except as otherwise provided in paragraph 4);
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
(e)
(f)a vehicle driven by a person whilst being trained to drive a bus operating local services who, as part of his training, stops the vehicle within a clearway for no longer than necessary to simulate the stopping of a bus at a bus stop for the purpose of picking up and setting down passengers;
(g)a vehicle which is stationary in order that it may be used for one or more of the purposes specified in paragraph 5 and which cannot be used for such a purpose without stopping in the clearway.
(h)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(j)“FOR” and a place name “USE” and a route number;
(k)“FOR” and a place name “FOLLOW” and a symbol shown in Part VII of Schedule 13 or another place name;
(l)“HGV'S LEAVE MOTORWAY”;
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(iii)paragraphs (2A) and (5) to (8).
(iv)
(v)
(3)
Part 2 · Calculation of contribution
(2)
(1)
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(3)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(4)Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(5)The sheriff shall not make an order following an application under sub-paragraph (1)(a)—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(3)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(4)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(3)
(4)Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
(5)The sheriff shall not make an order following an application under sub-paragraph (1)(a)—
(6)The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the apparatus of regulation 5.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(7)For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any apparatus of regulation 5 if he is satisfied that that regulation has been contravened in relation to an item of apparatus which is representative of that apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
(8)Where an order for the forfeiture of any apparatus is made following an application by the procurator-fiscal under sub-paragraph (1)(a), any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part X of that Act.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(9)An order following an application under sub-paragraph (1)(a) shall not take effect—
(10)An order under sub-paragraph (1)(b) shall not take effect—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(5)
(1)
(2)
(3)
(4)Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
(6)The income of a new student’s parent’s partner whose income is part of the household income by virtue of paragraph 2(2)(a) is to be determined in accordance with paragraph 5, references to the student’s partner being construed as references to the new student’s parent’s partner, and references to the student being construed as references to the student’s parent.
(7)
(1)
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(3)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(4)Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(5)The sheriff shall not make an order following an application under sub-paragraph (1)(a)—
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(b)
(i)to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
(ii)as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
(6)The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the apparatus of regulation 5.
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(8)
(1)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(2)
(a)to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
(b)
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(d)
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