4.—(1) The residence requirement referred to in paragraph 1(c) is satisfied by an individual on a day if, on that day—
(a)the individual is ordinarily resident in Scotland; and
(b)in a case where neither the individual nor the individual's partner has been awarded assistance as mentioned in paragraph 1(e)(i) or (ii), the condition set by sub-paragraph (2) is also met.
(2) The condition referred to in sub-paragraph (1)(b) is met on any day that the individual is—
(a)habitually resident in the [F1United Kingdom, the Channel Islands [F2or the Isle of Man];]
[F3(aa)a person who, or has a partner who, is habitually resident in the European Economic Area or Switzerland and—
(i)is a qualified person within the meaning of regulation 6(1)(a) (jobseeker), (b) (worker), (c) (self-employed person), (d) (self-sufficient person) or (e) (student) of the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations);
(ii)retains the status referred to in sub-head (i) pursuant to regulation 6(2) or (4) of the EEA Regulations;
(iii)is a family member of a person referred to in sub-head (i) or (ii) within the meaning of regulation 7(1) of the EEA Regulations;
(iv)has a right to reside permanently in the United Kingdom by virtue of regulation 15(1) of the EEA Regulations; or
(v)has been granted indefinite or limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act];
(b)a refugee within the definition in Article 1 of the Convention relating to the status of refugees done at Geneva on 28th July 1951, as extended by article 1(2) of the Protocol relating to the status of refugees done at New York on 31st January 1967;
(c)a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 M1, where that leave is—
(i)discretionary leave to enter or remain in the United Kingdom;
(ii)leave to remain under the destitution domestic violence concession; or
(iii)leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 M2;
(d)a person who has humanitarian protection granted under the rules made under section 3(2) of the Immigration Act 1971; or
(e)a person who—
(i)is not subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 M3; and
(ii)is in the United Kingdom as a result of deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
Textual Amendments
F1Words in sch. 2 para. 4(2)(a) inserted (21.3.2019) by The Early Years Assistance (Best Start Grants) (Scotland) Amendment (No. 1) Regulations 2019 (S.S.I. 2019/110), regs. 2, 9(5)
F2Words in sch. 2 para. 4(2)(a) substituted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(2)(a)
F3Sch. 2 para. 4(2)(aa) inserted (31.12.2020) by The Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc.) Regulations 2020 (S.S.I. 2020/399), regs. 1, 3(2)(b)
Marginal Citations