Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 20078
In Schedule 1 (persons eligible for allowances)–
a
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;
b
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.