3.—(1) Subject to paragraph (3), the Scottish Ministers may pay an education maintenance allowance in accordance with section 73(f) of the Act and these Regulations to any person undertaking a course of education in Scotland who–
(a)is deemed to have attained the age of 16 years under section 33 of the Act (School leaving dates);
(b)has not, on the qualifying date, attained the age of 20 years; and
(c)is described in one or more paragraphs of Schedule 1.
(2) Schedule 2 shall have effect as regards determining whether a person is to be treated, for the purposes of Schedule 1, as being, or having been, ordinarily resident in a place at or for a particular time.
(3) The Scottish Ministers shall not pay an education maintenance allowance to any person who attained the age of 16 years prior to 1st March 2004.