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The Students' Allowances (Scotland) Regulations 2007

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3.—(1) In paragraph 2(4)(a), “an independent student” means a person who prior to the relevant date–

(a)has attained the age of 25 years;

(b)is married or in a civil partnership;

(c)has no parent living; or

(d)has been self supporting out of their earnings for periods aggregating not less than 3 years.

(2) A person shall be regarded as having been self supporting out of their earnings for any period during which that person–

(a)was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;

(b)was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;

(c)was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit;

(d)received any pension, allowance or other benefit paid by reason of a disability to which that person is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer or by any other person;

(e)held a Scottish Studentship or comparable award; or

(f)could not reasonably be expected to be self supporting out of their earnings because that person had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon them.

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