Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Students' Allowances (Scotland) Regulations 1987 to alter provisions relating to the eligibility of nationals of member states of the European Community. They remove conditions which provided for a minimum period of employment in the United Kingdom. Nationals of other member states of the European Community will be eligible for allowances where they fall to be treated as workers for the purposes of Article 7 of Council Regulation 1612/68 on freedom of movement for workers within the community and are therefore entitled to equality of treatment with United Kingdom Nationals, provided that other conditions as to ordinary residence in the European Community are satisfied. Children of such nationals of other member states will similarly be eligible by virtue of Article 12 of Council Regulation 1612/68 where their parent is or has been a worker in the United Kingdom.
The Regulations also make minor amendments, of a consequential or drafting nature, to the provisions of the 1987 Regulations defining “ordinary residence”, and clarify the meaning of “European Community”. They update the provisions defining “independent student” to take account of changes in training provision and social security legislation.