Amendment of the Education Maintenance Allowances (Scotland) Regulations 200738

For the definition of “family member” in regulation 2(1) (interpretation) substitute—

  • “family member” means—

    1. a

      in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self‑employed person, an EEA self-employed person, a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—

      1. i

        their spouse or civil partner; or

      2. ii

        their direct descendants or those of their spouse or civil partner who are—

        1. aa

          under the age of 21; or

        2. bb

          their dependants or those of their spouse or civil partner; or

      3. iii

        their dependent direct relatives in the ascending line or those of their spouse or civil partner;

    2. b

      in relation to a non UKEC national who is not self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38—

      1. i

        their spouse or civil partner; or

      2. ii

        their direct descendants or those of their spouse or civil partner who are—

        1. aa

          under the age of 21; or

        2. bb

          their dependants or those of their spouse or civil partner; and

    3. c

      in relation to a non UKEC national who is self-sufficient within the meaning of Article 7(1)(c) of Directive 2004/38 or, for the purposes of paragraph 4 of Schedule 1, a United Kingdom national—

      1. i

        their spouse or civil partner; or

      2. ii

        their direct descendants or those of their spouse or civil partner who are–

        1. aa

          under the age of 21; or

        2. bb

          their dependants or those of their spouse or civil partner; or

      3. iii

        their dependent direct relatives in the ascending line or those of their spouse or civil partner;