The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2012

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

This section has no associated Executive Note

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

“family member” means—

(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—

(i)

their spouse or civil partner; or

(ii)

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

(aa)

under the age of 21; or

(bb)

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

(iii)

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

(b)

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

(i)

their spouse or civil partner; or

(ii)

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

(aa)

under the age of 21; or

(bb)

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

(c)

in relation to a non UK EC 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—

(i)

their spouse or civil partner; or

(ii)

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

(aa)

under the age of 21; or

(bb)

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

(iii)

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