Adult student’s family group despite separate residence

ATA/682/1998Court of Justice / Administrative ChamberNov 3, 1998

Extracted by Omnilex

Omnilex summary

The decision concerns scholarship treatment of an adult student. The court held that when the person cannot be considered self-supporting under the statutory criteria, the person is to be treated as belonging to a family group, even if that family resides separately. The separate household does not by itself break the legal family link for this purpose.

Omnilex headnote

LOFP.98 al.4; scholarship entitlement and family status of an adult student: where the applicant does not satisfy the statutory conditions to be regarded as his or her own support, the applicant remains attributable to a family group for the purposes of the scheme, notwithstanding that the family household is separate. The relevant criterion is self-support under the law; separate residence is not decisive and does not, by itself, exclude family membership (consid. unspecified).

Full text

Descripteurs

BOURSE D'ETUDES; FAMILLE; ETUDIANT; MAJORITE(AGE); IP

Normes

LOFP.98 al.4

Résumé

Si l'intéressé ne peut être considéré comme son propre répondant selon les conditions fixées par la loi, il appartient alors à un groupe familial, même si celui-ci vit séparément de l'intéressé.

Keywords

scholarshipfamily groupadult studentmajorityself-supportseparate residence

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether an adult student who is not self-supporting under the statutory conditions must be treated as belonging to a family group even if living separately from that family.

Extracted holding

If the person cannot be regarded as his or her own support under the statutory conditions, the person remains part of a family group even where that family lives separately from the person.

Extracted reasoning

The statutory test for being one’s own support is decisive; failing that test, family membership follows by law and is not excluded by separate residence.

Adult student’s family group despite separate residenceAI generated