The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2016

Amendment of the Education Maintenance Allowances (Scotland) Regulations 2007

13.—(1) Schedule 1 (persons eligible for education maintenance allowances) is amended in accordance with this regulation.

(2) For paragraph 4(1)(b) substitute—

“(b) was ordinarily resident in Scotland (and the Scottish Ministers are satisfied that such residence was not in any sense attributable to, or connected with, any period of residence in Scotland within the 3 years immediately preceding in respect of which any part of its purpose was wholly or mainly that of receiving full time education) and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence;”.

(3) After paragraph 6A insert—

“6B.   A person who—

(a) (i) is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department;

(ii) has been ordinarily resident in the United Kingdom and Islands at all times since that person was first granted such humanitarian protection to enter the United Kingdom; and

(iii) is ordinarily resident in Scotland on the qualifying date; or

(b) is the spouse, civil partner or child of a person of the kind described in subparagraph (a) and who is ordinarily resident in Scotland on the qualifying  date.”.