Amendment of the Education Maintenance Allowances (Scotland) Regulations 200739
1
Schedule 1 (persons eligible for education maintenance allowances) is amended as follows.
2
In paragraph 2(1)(a)(iv) for “worker” substitute “employed person”.
3
In paragraph 4—
a
in sub-paragraph (1)—
i
in paragraph (a) after “1971” insert “on the qualifying date”; and
ii
in paragraph (b) after “settled in the United Kingdom” insert “within the meaning given by section 33(2A) of the Immigration Act 1971”; and
b
in sub-paragraph (3) for “does” substitute “and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do”.
4
For paragraph 8 substitute—
8
1
A person who—
a
is, on the qualifying date, a non UKEC national or the family member of such a national;
b
is ordinarily resident in Scotland on the qualifying date;
c
has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the qualifying date; and
d
in the case where their ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of residence referred to in paragraph (c).
2
Where a state accedes to the EU after the qualifying date and a person is a national of that state, the requirement in sub-paragraph (1)(a) to be a non UKEU national on the qualifying date is treated as being satisfied.
5
In paragraph 11(b) and (c) for “first day of the first academic year of the course” substitute “qualifying date”.