The Students' Allowances (Scotland) Regulations 1996

Regulation 3(1)

SCHEDULE 1 PERSONS ELIGIBLE FOR ALLOWANCES

1.  A person who

(a) is ordinarily resident in Scotland on the qualifying day; and

(b) has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date.

2.  A person who–

(a) is entitled to equality of treatment in relation to the payment of an allowance for the course in respect of which he seeks the allowance by virtue of Article 7 or 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement)(1);

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

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

(ii) seeks an allowance in respect of a course of education at an establishment in Scotland.

3.  A person who–

(a) at the date of the Secretary of State receiving his application for an allowance, is–

(i) a refugee who has been ordinarily resident in the British Islands at all times since he was first recognised as a refugee; or

(ii) the spouse, child or step-child of such a refugee; and

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

(ii) seeks an allowance in respect of a course of education at an establishment in Scotland.

4.  A person who–

(a) is a national, or the child or step-child of a national, of a member state of the European Community;

(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date;

(c) has not been ordinarily resident in the British Islands throughout that 3 year period; and

(d) seeks an allowance in respect of a course of education at an establishment in Scotland.

5.  A person to whom, or in respect of whom, an allowance has been paid in accordance with these Regulations, or with the Students' Allowances (Scotland) Regulations 1991(2), within the year immediately preceding the relevant date.

(1)

O.J. No. L257, 19.10.68, p.2 (O.J/S.E 1968(II) p.475), amended by Council Regulation EEC No. 2434/92 (O.J. No. L245, 26.8.92, p.1.)

(2)

1991/1522, amended by S.I. 1993/3184 and S.I. 1994/3148.