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Students Awards (No. 2) Regulations (Northern Ireland) 1996

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Ordinarily resident

7.—(1) If a board is satisfied that a person was not ordinarily resident in the British Islands, or in the European Economic Area, throughout the 3 years immediately preceding the first year of the specified course or was not resident in a board’s area on the relevant day only because that person, his spouse, parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, at the relevant time, employed temporarily outside the British Islands, or, as the case may be, outside the European Economic Area, then, for the purposes of paragraph 1(b) of Schedule 2, that person shall not be regarded as having ceased to be so resident only because of his absence from the British Islands or the European Economic Area or the board’s area in consequence of such employment and paragraph (2) shall not apply in the case of such a person.

(2) For the purposes of paragraph 1(b) of Schedule 2, a person shall not be regarded as ordinarily resident in the British Islands or the European Economic Area if that person was so resident and had taken up that residence wholly or mainly for the purpose of attending a full-time course of education.

(3) For the purposes of paragraph 1(b) of Schedule 2, a person shall not be regarded as ordinarily resident in the British Islands if that person is personally ineligible for a full award and is not a European student.

(4) For the purposes of regulation 6(1) the ordinary residence requirements of paragraph 1(b) of Schedule 2 shall not apply in the case of—

(a)a refugee who has not been ordinarily resident outside the British Islands since he was recognised as a refugee;

(b)the spouse or child of such a refugee; or

(c)a person mentioned in paragraph (5).

(5) That person is a person who is a British citizen within the meaning of the British Nationality Act 1981(1)—

(a)who was not ordinarily resident in the British Islands throughout the 3 years preceding the first year of the specified course only because he was ordinarily resident for the purposes of employment in the territory comprising the European Economic Area during every part of that period in which he was not ordinarily resident in the British Islands; or

(b) (i)who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and

(ii)whose parent is ordinarily resident in Northern Ireland on the relevant day as defined in relation to that person by regulation 3(1).

(6) In paragraph (5) “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child.

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