The Education (Student Loans) Regulations (Northern Ireland) 1996

Regulation 4(1)(b)(i)

SCHEDULE Conditions of eligibility

1.  The conditions prescribed for the purposes of regulation 4(1)(b)(i) are that, subject to paragraphs 3 and 4, the student—

(a) is on the relevant date ordinarily resident in Northern Ireland for the purposes of the Students Awards Regulations(1) for the time being in force, made under Articles 50(1) and (2) and 134(1) of the Education and Libraries (Northern Ireland) Order 1986(2);

(b) throughout the three years preceding the relevant date has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man or, in the case of such a person as is mentioned in paragraph 2, has been so resident in the European Economic Area; and

(c) has not during any part of the said three year period been resident in the United Kingdom, the Channel Islands or the Isle of Man or, in the case of such a person as is mentioned in paragraph 2, the European Economic Area wholly or mainly for the purpose of receiving full-time education.

2.—(1) The person referred to in paragraph 1(b) or 1(c) above is—

(a) an EEA migrant worker who is entitled to a loan by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on free movement of workers within the community, as extended by the EEA Agreement(3),

(b) the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse,

(c) the child of an EEA migrant worker who is entitled to a loan by virtue of Article 12 of the above mentioned Council Regulation, or

(d) a British citizen within the meaning of the British Nationality Act 1981(4) who was not ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man throughout the three years preceding the first year of the course in question only because—

(i) he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man; or

(ii) his parent or spouse is such a person as is mentioned in sub-paragraph (i) and is ordinarily resident in Northern Ireland on the relevant day.

(2) In sub-paragraph (1)(d)(ii) “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child; and “relevant day” means—

(a) where the person had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, that day;

(b) where he had not so entered the United Kingdom, the day of the beginning of that term.

3.  A person shall be treated for the purposes of paragraph 1 as ordinarily resident in Northern Ireland, in the United Kingdom, the Channel Islands or the Isle of Man, or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him while he is a child is, or was, temporarily employed outside Northern Ireland, outside the United Kingdom, the Channel Islands or the Isle of Man or, as the case may be, outside the European Economic Area and paragraph 1(c) above shall not apply in the case of such a person.

4.  For the purposes of these Regulations an area which—

(a) was previously not part of the area comprised by the member States of the European Community or by the European Economic Area, but

(b) at any time before or after these Regulations come into operation has become part of one or other or both of these areas

shall be considered to have always been part of the European Economic Area.

5.  In this Schedule—

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5) as adjusted by the Protocol signed at Brussels on 17th March 1993(6);

“EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement;

“European Community” means the territory comprised by the member states of the European Economic Community as constituted from time to time;

“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein; and

“the relevant date” means the first day of the course.

(1)

The regulations in force on the date these Regulations are made are the Students Awards Regulations (Northern Ireland) 1996 (S.R. 1996/No. 190) and the provision therein corresponding to paragraph 3 of the Schedule to these Regulations is regulation 7(1).

(2)

S.I. 1986/594 (N.I. 3) as amended by S.I. 1993/2810 (N.I. 12)

(3)

O.J. No. L257, 19.10.68, P2 (O.J./S.E. 1968 (II) p. 475)

(4)

1981 c. 61

(5)

Cmnd, 2073

(6)

Cmnd. 2183