The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005

Amendment of Education Maintenance Allowances Regulations

7.—(1) The Education Maintenance Allowances (Scotland) Regulations 2004(1) shall be amended as follows.

(2) In Regulation 2(1) for the definition of “temporary protection” substitute–

““temporary protection” means limited leave to enter or remain granted pursuant to Part 11A of the Immigration Rules.”.

(3) Omit regulation 3(3).

(4) In Schedule 1–

(a) for paragraph 7 substitute–

“7.   A person who–

(a) at the date of the Scottish Ministers receiving his or her application for an education maintenance allowance has been granted temporary protection and has been ordinarily resident in the United Kingdom and Islands at all times since he or she was first granted temporary protection;

(b) has not attained the age of 18 years on the qualifying date; and

(c) is ordinarily resident in the United Kingdom and Islands on the qualifying date,

provided that an education maintenance allowance paid to a person only by virtue of that person qualifying under this paragraph shall not continue beyond the end of any academic year in which that person attains the age of 18 years.”; and

(b) after paragraph 8(2) insert–

“(3) Sub paragraph (1) shall not apply where it would result in the payment of an education maintenance allowance to a person after the end of any academic year in which that person attained the age of 18 years where that person qualified only by virtue of paragraph 7.”.

(5) In paragraph 2(1) of Schedule 2 for “6(a)(iii) and 7(a) of Schedule 1” substitute “and 6(a)(iii) of Schedule 1”.

(1)

S.S.I. 2004/273, amended by S.S.I. 2004/301 and S.S.I. 2004/469.