Embedded Image

Education (Grants and Allowances) (Amendment) (Jersey) Order 2021

Made                                                                                              19th February 2021

Coming into force                                                                      26th February 2021

THE MINISTER FOR EDUCATION makes this Order under Articles 51 and 68 of the Education (Jersey) Law 1999[1] –

1        Interpretation

This Order amends the Education (Grants and Allowances) (Jersey) Order 2018[2].

2        Article 1 (interpretation) amended

In Article 1 –

(a)     for the definition “income” there is substituted –

“ “income” is defined in Article 3A;”;

(b)     for the definition “parent”, there is substituted –

“ “parent” in relation to a student, means the student’s natural or adoptive parent;”.

3        Article 2 (dependent and independent students) substituted

For Article 2 there is substituted –

(1)     A student is an independent student in respect of an academic year if, on or before the relevant date for that year, the student –

(a)     is 25 years of age or older;

(b)     is married or in a civil partnership;

(c)     has been living financially independently of the student’s parents for at least 3 years before the first academic year of the student’s course;

(d)     has no living parent;

(e)     is the natural or adoptive parent of a child of the household; or

(f)      is the subject of an order committing the student to the care of the Minister for Children and Housing made under the Children (Jersey) Law 2002[3] or, before attaining full age, was so subject.

(2)     A student who is not an independent student is a dependent student.

(3)     In this Article –

child” means a person at or below the upper limit of compulsory school age;

child of the household” means, in relation to a student, any child whose main place of residence is with the student as part of that student’s household.”.

4        Article 3A (meaning of “income”) inserted

After Article 3 (meaning of “resident”) there is inserted –

“3A   Meaning of “income”

(1)     For the purposes of this Order, “income”, in respect of a person (“first person”), means the person’s profits, gains, salaries, fees, wages and perquisites of any kind arising from any source, whether in Jersey or elsewhere, and includes –

(a)     any income applied by another person, under a trust, for or towards the maintenance, education, or other benefit, of the first person or of any other person dependent on or maintained by the first person;

(b)     any amount payable, whether under an order of a court or any agreement, for the maintenance of the first person or of any other person dependent on the first person;

(c)     any benefit or bonus or payment (however described) payable to or in respect of the first person under any of the following Laws, including any Regulations or Orders made under those Laws –

(i)      Social Security Hypothecs (Jersey) Law 2014[4],

(ii)      Social Security (Jersey) Law 1974[5],

(iii)     Income Support (Jersey) Law 2007[6],

(iv)     Long-Term Care (Jersey) Law 2012[7]; and

(d)     deemed income under paragraphs (2) and (3).

(2)     If an individual holds a relevant interest in an entity during a calendar year for which the individual’s income is relevant income, the individual is deemed to receive as income the proportion of the profits made by that entity during that calendar year that is equivalent to the proportion of the individual’s relevant interest in that entity.

(3)     If that individual holds that relevant interest for part only of that calendar year, the amount that the individual is deemed to receive as income is apportioned to reflect the portion of the year in which the individual held the relevant interest.

(4)     In this Article, a “relevant interest” means a holding of 5% or greater of –

(a)     the share capital, for a company incorporated under the Companies (Jersey) Law 1991[8]; or

(b)     the partnership interest, for –

(i)      an incorporated limited partnership formed under the Incorporated Limited Partnerships (Jersey) Law 2011[9],

(ii)      a limited liability partnership formed under the Limited Liability Partnerships (Jersey) Law 2017[10],

(iii)     a limited partnership formed under the Limited Partnerships (Jersey) Law 1994[11], or

(iv)     a separate limited partnership formed under the Separate Limited Partnerships (Jersey) Law 2011[12].”.

5        Article 17 (distance learning courses) amended

For the introductory text of Article 17 there is substituted –

“In the case of a distance learning course, Article 13 does not apply and the distance learning grant for a student is the lesser of –

(a)     the amount calculated using the below table; and

(b)     £7,400.”.

6        Article 21 (skills bursary allowance) amended

After Article 21(1)(c) there is inserted –

“(d)    the duration of the course does not exceed 2 years.”.

7        Article 22 (interview attendance allowance) amended

For Article 22(5), there is substituted –

“(5)    However, the interview attendance allowance is £0 where –

(a)     the relevant income is £50,000 or more; or

(b)     the relevant assets in respect of the student exceed £500,000.”.

8        Citation and commencement

This Order may be cited as the Education (Grants and Allowances) (Amendment) (Jersey) Order 2021 and comes into force 7 days after it is made.

Deputy J.M. Maçon of St. Saviour

Minister for Education

[1]                                     chapter 10.800

[2]                                     chapter 10.800.37

[3]                                     chapter 12.200

[4]                                     chapter 26.850

[5]                                     chapter 26.900

[6]                                     chapter 26.550

[7]                                     chapter 26.600

[8]                                     chapter 13.125

[9]                                     chapter 13.370

[10]                                   chapter 13.475

[11]                                   chapter 13.500

[12]                                   chapter 13.780

Page Last Updated: 19 Feb 2021