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The Education (Fees) (Scotland) Regulations 2022
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The Education (Fees) (Scotland) Regulations 2022, Paragraph 4 is up to date with all changes known to be in force on or before 10 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Sch. 1 para. 12B inserted by S.S.I. 2024/140 reg. 2(9)
- Sch. 1 para. 16A inserted by S.S.I. 2024/140 reg. 2(14)
Ordinary residence for specified period: residence requirements for students born in the relevant areaS
This section has no associated Policy Notes
4.—(1) A student is to be treated as having been ordinarily resident in the relevant area for the specified period if that student was born and has spent the greater part of their life in the relevant area and—
(a)one or more parent has been ordinarily resident in the relevant area throughout the specified period and that student is not an independent student, or
(b)that student has been ordinarily resident in the relevant area for at least one year of the specified period and, in the case of those qualifying by virtue of regulation 3 (relevant connection with Scotland) or paragraph 1 (EU nationals etc. with protected rights) of schedule 1, no part of that residence was wholly or mainly for the purposes of receiving full time education.
(2) In sub paragraph (1)(a), “independent student” means a student who prior to the relevant date—
(a)is aged 25,
(b)is married or in a civil partnership,
(c)has no parent living,
(d)had the care of a person under the age of 18 who was wholly or mainly financially dependent upon them, or
(e)has been self-supporting out of their earnings for periods aggregating not less than 3 years.
(3) In sub paragraph 2(e) a student is to be regarded as having been self-supporting out of their earnings for any period during which that student—
(a)was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local,
(b)was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed,
(c)was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit,
(d)received any pension, allowance or other benefit paid by reason of a disability to which that student is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer or by any other person, or
(e)held an advance postgraduate or other comparable award.
Commencement Information
I1Sch. 2 para. 4 in force at 1.8.2022, see reg. 1(1)
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