3.—(1) The Students' Allowances (Scotland) Regulations 2007(1) are amended as follows.
(2) In regulation 2(1) (interpretation), insert in the appropriate place–
““child of an asylum seeker” means a person who is the child of an asylum seeker as defined in section 18 of the Nationality, Immigration and Asylum Act 2002(2);”;
““Turkish worker” means a Turkish national who–
is ordinarily resident in Scotland; and
is, or has been, lawfully employed in the United Kingdom;”; and
““young asylum seeker” means an unaccompanied asylum-seeking child”.
(3) In regulation 4(2) (amount of allowances) for “paragraph 9” substitute “paragraphs 7A or 9”.
(4) In Schedule 1 (persons eligible for allowances)–
(a)in paragraph 4–
(i)omit sub-paragraph (1)(c); and
(ii)after sub-paragraph (2) insert–
“(3) Sub-paragraph (1)(a) does not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii).”;
(b)after paragraph 7 insert–
“7A. A person who–
(a)is the child of an asylum seeker or is a young asylum seeker;
(b)is resident in Scotland on the relevant date;
(c)has been resident in Scotland throughout the period of 3 years immediately preceding the relevant date;
(d)was under 18 years old on the date when the application for asylum was made, which application must have been made prior to 1st December 2006;
(e)is under 25 years old on the relevant date; and
(f)seeks an allowance in respect of a course of education at an establishment in Scotland.”; and
(c)after paragraph 10 insert–
“11. A person who–
(a)is the child of a Turkish worker;
(b)is ordinarily resident in Scotland 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 period of 3 years preceding the first day of the first academic year of the course.”.
(5) In paragraph 2(1) of Schedule 2 (ordinary residence)–
(a)for “9(b) and 10(b)” substitute “9(b), 10(b) and 11(c)”; and
(b)after “EU overseas territories” insert “or Turkey”.