for paragraph 4(1)(b) substitute–

“(b)

was settled in the United Kingdom immediately before leaving the United Kingdom and who has utilised a right of residence;”; and

for paragraph 9 substitute–

“9.

(1)

A person who–

(a)

is an EC national (other than a person who is a United Kingdom national who has not utilised a right of residence) or an EU overseas territories national or a family member of either;

(b)

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland or the EU overseas territories throughout the period of 3 years immediately preceding the relevant date; and

(c)

seeks an allowance in respect of a course of education at an establishment in Scotland.

(2)

For the purposes of this paragraph, a United Kingdom national has utilised a right of residence if that person has exercised a right under Article 7 of Directive 2004/38 or any equivalent under the EEA Agreement or the Switzerland Agreement in a State other than the United Kingdom.”.