The Education (Amendments in respect of Graduate Endowment, Student Fees and Support) (Scotland) Regulations 2007

Amendment of the Students' Allowances (Scotland) Regulations 2007

3.—(1) The Students' Allowances (Scotland) Regulations 2007(1) are amended as follows.

(2) In regulation 2(1) (interpretation), insert in the appropriate place–

““child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 2002(2);”;

““Turkish worker” means a Turkish national who–

(a)

is ordinarily resident in Scotland; and

(b)

is, or has been, lawfully employed in the United Kingdom;”; and

““young asylum seeker” means an unaccompanied asylum-seeking child”.

(3) In regulation 4(2) (amount of allowances) for “paragraph 9” substitute “paragraphs 7A or 9”.

(4) In Schedule 1 (persons eligible for allowances)–

(a) in paragraph 4–

(i) omit sub-paragraph (1)(c); and

(ii) after sub-paragraph (2) insert–

“(3) Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).”;

(b) after paragraph 7 insert–

“7A.   A person who–

(a) is the child of an asylum seeker or is a young asylum seeker;

(b) is resident in Scotland on the relevant date;

(c) has been resident in Scotland throughout the period of 3 years immediately preceding the relevant date;

(d) was under 18 years old on the date when the application for asylum was made, which application must have been made prior to 1st December 2006;

(e) is under 25 years old on the relevant date; and

(f) seeks an allowance in respect of a course of education at an establishment in Scotland.”; and

(c) after paragraph 10 insert–

“11.   A person who–

(a) is the child of a Turkish worker;

(b) is ordinarily resident in Scotland on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the first day of the first academic year of the course.”.

(5) In paragraph 2(1) of Schedule 2 (ordinary residence)–

(a) for “9(b) and 10(b)” substitute “9(b), 10(b) and 11(c)”; and

(b) after “EU overseas territories” insert “or Turkey”.

(1)

S.S.I. 2007/153.

(2)

2002 c. 41.