The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006

Regulations 4, 10, 18, 38, 39 and 50(2), 50(7), 50(14), 55(3)(b), 62(3), 62(5))

SCHEDULE 1 ELIGIBLE STUDENTS

1.  A person who on the first day of the first academic year 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 9.

2.  A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he or she was recognised as a refugee, or who is the spouse, civil partner or child of such a refugee, in each case who meets the residence condition in paragraph 9(a).

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 the person is considered not to qualify for recognition as a refugee, it is thought right to allow the person 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 or she was granted leave to enter or remain,

or who is the spouse, civil partner, child or step-child of such a person, where the person or, as the case may be the spouse, civil partner, child or step-child meets the residence conditions referred to in paragraph 9.

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

(a) is entitled to support by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community(2), as extended by the EEA Agreement or Article 9(3) of Annex I to the Switzerland Agreement or, where the person 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 either of those Articles; and

(b) meets the residence conditions referred to in paragraph 9.

5.  A person who is the spouse or civil partner of an EEA migrant worker and who—

(a) is installed in the United Kingdom with his or her spouse or civil partner; and

(b) meets the residence conditions referred to in paragraph 9.

6.  A person who is the child of an EEA migrant worker and who—

(a) is entitled to support by virtue of Article 12 of the above mentioned Council Regulation or Article 3(6) of Annex I to the Switzerland Agreement, or, where the person’s 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 either of those Articles; and

(b) meets the residence conditions referred to in paragraph 9.

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

7.  A person who on the first day of the first academic year of the course is a national of a Member State of the European Community or the child of such a national—

(a) whose course is provided by an institution or institutions in Wales or by an institution or institutions in Wales in conjunction with an institution or institutions outside the United Kingdom; and

(b) who meets the residence conditions referred to in paragraphs 9(b) and (c); and

(c) who does not fall within paragraph 8.

8.  A person who on the first day of the academic year of the course is a national of a Member State of the European Community—

(a) who is ordinarily resident in Wales on the first day of the first academic year of the course;

(b) who has been ordinarily resident throughout the three-year period preceding the first day of the of the first academic year of the course in the United Kingdom and Islands;

(c) who, where he or she is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement; and

(d) who, in a case where his or her ordinary residence referred to in sub-paragraph (b) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the European Economic Area immediately prior to the period of ordinary residence referred to in sub-paragraph (b).

9.  The residence conditions referred to above are that—

(a) the person is ordinarily resident in Wales on the first day of the first academic year of the course;

(b) the person has been ordinarily resident throughout the three-year period preceding the first day of the first academic year 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, 6 or 7, in the European Economic Area or Switzerland; and

(c) the person’s residence in the United Kingdom and Islands or in the European Economic Area or Switzerland, as the case may be, has not during any part of the period referred to in sub-paragraph (b) 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.

(2)

OJ No. L257, 19.10.1968, p 2 (OJ/SE 1968 (II) p 475).