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4. In regulation 7 (Ordinarily resident)—
(a)in paragraph (3) the words “and is not a European student” shall be deleted;
(b)for paragraph (4) there shall be substituted—
“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; or
(b)the spouse or child of such a refugee.”;
(c)for paragraph (5) there shall be substituted the following paragraph—
“(5) The person referred to in Schedule 2 Part I paragraph 1(b)(ii) is—
(a)a European student;
(b)an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of the Council Regulation;
(c)the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse;
(d)the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the Council Regulation; and
(e)a British citizen within the meaning of the British Nationality Act 1981(1) who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because—
(i)he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the British Islands; or
(ii)his parent or spouse is such a person as is mentioned in sub-paragraph (i) and is ordinarily resident in Northern Ireland on the relevant day”.
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