The Education Maintenance Allowances (Scotland) Regulations 2004

4.  A person who is the child of an EEA migrant worker and who–

(a)is entitled to the payment of an education maintenance allowance by virtue of Article 12 of the Free Movement Regulation or, where his or her 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;

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

(c)is ordinarily resident in the United Kingdom and Islands on the qualifying date.