The Education Maintenance Allowances (Scotland) Regulations 2007

This section has no associated Executive Note

3.—(1) A person who–

(a)is–

(i)the family member of a person mentioned in paragraph 2(1)(a); or

(ii)is entitled to support by virtue of Article 12 of the Free Movement Regulation;

(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the qualifying date; and

(c)subject to sub paragraph (2), is ordinarily resident in the United Kingdom and Islands on the qualifying date.

(2) Sub-paragraph (1)(c) does not apply where the person applying for support falls within paragraph 2(1)(a)(iii) or (iv).