The Education (Student Loans) Regulations 1998

Regulation 4(1)(b)

SCHEDULE 1 ELIGIBLE STUDENTS

1.—(1) A person who on the first day of the course—

(a) is settled in the United Kingdom within the meaning of the Immigration Act 1971(1), and

(b) meets the residence conditions referred to in paragraph 7.

(2) Paragraph (1)(a) shall not apply if—

(a) the first day of the person’s course was before 1st August 1997, or

(b) before 1st August 1997 the person commenced attending a course in respect of which he was eligible for a loan, and

(i) disregarding any intervening vacation immediately after ceasing to attend that course commenced attending his present course, or

(ii) in like fashion commenced attending another course or courses one after the other in respect of each of which he was eligible for a loan, until in like fashion he commenced attending his present course.

2.  A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee.

3.  A person who—

(a) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,

(b) has been granted leave to enter or to remain accordingly, and

(c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain

or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse or child, meets the residence conditions referred to in paragraph 7.

4.  A person who is an EEA migrant worker who—

(a) is entitled to a loan by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement(2), or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3); and

(b) meets the residence conditions referred to in paragraph 7.

5.  A person who is the spouse of an EEA migrant worker who—

(a) is installed in the United Kingdom with the migrant worker, and

(b) meets the residence conditions referred to in paragraph 7.

6.—(1) A person who is the child of an EEA migrant worker who—

(a) is entitled to a loan by virtue of Article 12 of the above mentioned Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12, and

(b) meets the residence conditions referred to in paragraph 7.

(2) For the purposes of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.

7.  The residence conditions referred to above are that—

(a) the person has been ordinarily resident throughout the three years period preceding the first day of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands, or, in the case of a person mentioned in paragraphs 4, 5 or 6, in the European Economic Area; and

(b) his residence in the United Kingdom and Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purpose of receiving full-time education.

(1)

1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, and by the Asylum and Immigration Appeals Act 1993 (c. 23) sections 10 to 12.

(2)

OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II), p. 475).