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The Education Maintenance Allowances (Scotland) Regulations 2004

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1.  A person who–

(a)is ordinarily resident in the United Kingdom and Islands on the qualifying date in relation to the course of education in respect of which he or she seeks an education maintenance allowance;

(b)has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years preceding the qualifying date; and

(c)is settled in the United Kingdom within the meaning of the Immigration Act 1971(1) on the qualifying date.

(1)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12, the Immigration and Asylum Act 1999 (c. 33), sections 1 to 3, 7, 8, 18, 19, 28 to 30, 38, 54, 128 to 140, 165 and Schedule 16, the Adoption (Intercountry Aspects) Act 1999 (c. 40), Schedule 2 and the Nationality Immigration and Asylum Act 2002 (c. 41), sections 10, 58, 62 to 64, 73, 75, 118, 119, 121, 143, 144, 148 to 156, 158 and Schedule 9.

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