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9C.— [F2(1)] A person—
(a)who is a family member of a person who is a United Kingdom national on the first day of the first academic year of the course;
(b)who is—
(i)attending or undertaking a designated course in Northern Ireland; or
(ii)undertaking an intensive course, a designated distance learning course, a designated part-time course or a designated Master’s, etc. course in Northern Ireland;
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; F3...
(d)subject to sub-paragraph (2), whose ordinary residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education [F4and]
[F5(e)who did not move to Northern Ireland from the Islands for the purpose of undertaking the current course or a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course.]
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom and Islands in accordance with paragraph 1(4).]
Textual Amendments
F1Sch. 2 paras. 9A-9D inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(11)
F2Word in Sch. 2 Pt. 2 para. 9C inserted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 31(c)(i)
F3Word in Sch. 2 Pt. 2 para. 9C(1)(c) omitted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 31(c)(ii)
F4Word in Sch. 2 Pt. 2 para. 9C(1)(d) inserted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 31(c)(ii)