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25. In Schedule 1—
(a)for paragraph 1(4), substitute—
“(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Wales, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he or she would have been so resident but for the fact that—
(a)he or she;
(b)his or her spouse or civil partner;
(c)his or her parent; or
(d)in the case of a dependent direct relative in the ascending line, his or her child or his or her child’s spouse or civil partner,
is or was temporarily employed outside the area in question.”;
(b)for paragraph 1(5), substitute—
“(5) For the purposes of sub-paragraph (4), temporary employment outside of Wales, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;
(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and
(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.”;
(c)after paragraph 11, insert—
“12. A person who—
(a)is the child of a Turkish worker;
(b)is ordinarily resident in Wales 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 three-year period preceding the first day of the first academic year of the course.”.
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