Search Legislation

Advanced Search

The Student Support (Scotland) Regulations 2022

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Student Support (Scotland) Regulations 2022. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulations 2, 3(1), 7(1), 11(2)(a), 26(1) and 29(1)

SCHEDULE 1SPERSONS ELIGIBLE FOR STUDENT SUPPORT

PART 1SPERSONS ELIGIBLE FOR TUITION FEE AND LIVING COST SUPPORT

[F1Persons with relevant connection with Scotland]S

1.  A person who on the relevant date—

(a)is ordinarily resident in Scotland,

(b)has been ordinarily resident in the United Kingdom and Islands throughout the immediately preceding 3 year period, and

(c)is—

(i)settled in the United Kingdom within the meaning given by section 33(2A) (interpretation) of the Immigration Act 1971(1),

[F2(ii)a person (other than a person who has applied for refugee status) who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that they have been granted leave to enter or remain in the United Kingdom and whose leave has not expired, or

(iii)the spouse, civil partner or child of a person described in heads (i) or (ii).]

Textual Amendments

F2Sch. 1 para. 1(c)(ii)(iii) substituted for sch. 1 para. 1(c)(ii)-(v) (1.8.2023) by The Education (Fees and Student Support) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/142), regs. 1, 3(5)(a)

Commencement Information

I1Sch. 1 para. 1 in force at 1.8.2022, see reg. 1

EU nationals etc. with protected rights who have been living in the UK and Islands for three yearsS

2.—(1) A person with protected rights who—

(a)is an EU national or the family member of an EU national,

(b)has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date, and

(c)is ordinarily resident in Scotland on the relevant date.

(2) For the purposes of this paragraph—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in sub-paragraph (1)(a), the reference to a “family member of an EU national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EU national” in regulation 2(1) (interpretation).

(3) Where a person eligible under this paragraph is seeking a loan under regulation 11 (students eligible for student loans) in respect of a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or a research course leading to a postgraduate masters degree, at an establishment in Scotland—

(a)the requirement in sub-paragraph (1)(b) is to be read as a requirement to have been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area or Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(b)the requirement in sub-paragraph (1)(c) to be ordinarily resident in Scotland on the relevant date does not apply.

Textual Amendments

Commencement Information

I2Sch. 1 para. 2 in force at 1.8.2022, see reg. 1

Irish nationals who are settled in the United KingdomS

3.  A person who—

(a)is an Irish national,

(b)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(c)is ordinarily resident in Scotland on the relevant date, and

(d)has been ordinarily resident in the United Kingdom, Islands or Ireland throughout the period of three years immediately preceding the relevant date.

Commencement Information

I3Sch. 1 para. 3 in force at 1.8.2022, see reg. 1

Family members of a relevant person of Northern IrelandS

4.  A person who—

(a)is a family member of a relevant person of Northern Ireland as defined in paragraph (b) of the definition of “person with protected rights”,

(b)is ordinarily resident in Scotland on the relevant date, and

(c)has been ordinarily resident in the United Kingdom, Islands or Ireland throughout the period of three years immediately preceding the relevant date.

Commencement Information

I4Sch. 1 para. 4 in force at 1.8.2022, see reg. 1

Workers, employed persons, self-employed persons and their family membersS

5.—(1) A person with protected rights or a qualifying frontier worker who—

(a)is—

(i)an EEA migrant worker or an EEA self-employed person,

(ii)a Swiss employed person or a Swiss self-employed person,

(iii)a family member of a person mentioned in sub-head (i) or (ii),

(iv)an EEA frontier worker or an EEA frontier self-employed person,

(v)a Swiss frontier employed person or a Swiss frontier self-employed person, or

(vi)a family member of a person mentioned in sub-head (iv) or (v),

(b)has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(c)subject to sub-paragraph (3), is ordinarily resident in Scotland on the relevant date.

(2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020(2) who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

(3) Sub-paragraph (1)(c) does not apply where the person applying for support falls within sub-paragraph (1)(a)(iv), (v) or (vi).

(4) In this paragraph, any description of a person in sub-paragraph (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraph (1)(a)(iii) and (vi) are to be construed accordingly.

Commencement Information

I5Sch. 1 para. 5 in force at 1.8.2022, see reg. 1

Workers who benefitted from the Freedom of Movement for Workers Regulation—S

6.  A person with protected rights who—

(a)is [F5or was] entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union(3), as extended by the EEA agreement,

(b)has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(c)is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I6Sch. 1 para. 6 in force at 1.8.2022, see reg. 1

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereS

7.—(1) A person who—

(a)is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

(b)was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

(c)was ordinarily resident on IP completion day in—

(i)Gibraltar or the territory comprising the European Economic Area and Switzerland, or

(ii)the United Kingdom or Islands, immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

(d)has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(e)is undertaking a course for which the relevant date is earlier than 31 July 2028.

(2) For the purposes of this paragraph, a person has utilised a right of residence if that person—

(a)is—

(i)a United Kingdom national,

(ii)a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding provisions under the EEA agreement or the Switzerland Agreement)), or

(iii)a person who had a right of permanent residence arising under Directive 2004/38, and

(b)either—

(i)has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom, or

(ii)in the case of a person who had a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

(3) Sub-paragraph (1)(a) 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 not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii) and is accompanying or joining that United Kingdom national in the United Kingdom.

Commencement Information

I7Sch. 1 para. 7 in force at 1.8.2022, see reg. 1

[F6RefugeesS

8.  A person who—

(a)at the date that the Scottish Ministers received their application for student support is—

(i)a refugee who has been ordinarily resident in the United Kingdom and Islands since that person was first recognised as a refugee, and

(ii)is resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of such a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.]

Textual Amendments

Persons granted leave following on from refugee claimS

9.  A person who—

(a)(i)has applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom and that person has been granted leave to enter or remain accordingly,

(ii)has been ordinarily resident in the United Kingdom and Islands F7... since that person was first granted such leave to enter or remain, and

(iii)is F8... resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I8Sch. 1 para. 9 in force at 1.8.2022, see reg. 1

Iraqi nationalsS

10.  A person who—

(a)(i)is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Office,

(ii)has been ordinarily resident in the United Kingdom and Islands F9... since that person was first granted such indefinite leave to enter the United Kingdom, and

(iii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I9Sch. 1 para. 10 in force at 1.8.2022, see reg. 1

Syrian nationalsS

11.  A person who—

(a)(i)is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department,

(ii)has been ordinarily resident in the United Kingdom and Islands F10... since that person was first granted such humanitarian protection to enter the United Kingdom, and

(iii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I10Sch. 1 para. 11 in force at 1.8.2022, see reg. 1

Afghan nationalsS

12.  A person who—

(a)(i)is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia Scheme(4) operated by the Home Department,

(ii)has been ordinarily resident in the United Kingdom and Islands F11... since that person was first granted such limited leave to remain in the United Kingdom, and

(iii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I11Sch. 1 para. 12 in force at 1.8.2022, see reg. 1

Relocated Afghan citizensS

13.  A person who—

(a)(i)has been granted leave under the Afghan Citizens Resettlement Scheme(5) or granted leave under the Afghan Relocations and Assistance Policy Scheme,

(ii)has been ordinarily resident in the United Kingdom and Islands F12... since that person was first granted such leave, and

(iii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I12Sch. 1 para. 13 in force at 1.8.2022, see reg. 1

[F13Evacuated or Assisted British nationals from AfghanistanS

13A.  A person who—

(a)is an evacuated or assisted British national from Afghanistan who—

(i)has been ordinarily resident in the United Kingdom and Islands since they were evacuated from or otherwise left Afghanistan, and

(ii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.]

Textual Amendments

[F14Female Afghan studentsS

13B.  A person who is a female Afghan national who—

(a)was attending a course of study at a university or an equivalent institution in Afghanistan but has been prevented from continuing that course by the Taliban regime since 31 August 2021,

(b)was residing in Afghanistan immediately before 30 January 2024,

(c)has been granted leave to enter or remain in the United Kingdom and Islands under a student visa,

(d)is resident in Scotland, and

(e)is undertaking a course of higher education in Scotland.]

Textual Amendments

[F15Ukrainian nationalsS

14.—(1) A person who—

(a)(i)has made a relevant application to the United Kingdom Home Office where that relevant application is still being considered, or

(ii)has been granted leave to remain following a relevant application, and

(b)has been ordinarily resident in the United Kingdom and Islands since their arrival in the United Kingdom after leaving Ukraine, and

(c)is ordinarily resident in Scotland on the relevant date.

(2) In this paragraph, a ‘relevant application’ is an application to—

(a)the Ukraine Family Scheme,

(b)the Homes for Ukraine Sponsorship Scheme,

(c)the Ukraine Extension Scheme,

(d)the Ukraine Permission Extension Scheme, or

(e)the United Kingdom Home Office for leave outside the immigration rules, as defined in section 33(1) of the Immigration Act 1971, where a person—

(i)was residing in Ukraine immediately before 1 January 2022, and

(ii)left Ukraine in connection with the Russian invasion which took place on 24 February 2022

by an individual who is eligible to apply for that scheme.]

Textual Amendments

Commencement Information

I13Sch. 1 para. 14 in force at 1.8.2022, see reg. 1

[F16United Kingdom nationals from UkraineS

14A.  A person who—

(a)is a United Kingdom national who—

(i)was residing in Ukraine immediately before 1 January 2022,

(ii)left Ukraine in connection with the Russian invasion which took place on 24 February 2022,

(iii)has been ordinarily resident in the United Kingdom and Islands since arriving in the United Kingdom after leaving Ukraine, and

(iv)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and is ordinarily resident in Scotland on the relevant date.]

Textual Amendments

Persons granted stateless leaveS

15.  A person who—

(a)(i)has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules operated by the Home Office,

(ii)has been ordinarily resident in the United Kingdom and Islands F17... since that person was first granted that leave, and

(iii)is ordinarily resident in Scotland on the relevant date, or

(b)is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I14Sch. 1 para. 15 in force at 1.8.2022, see reg. 1

Persons granted discretionary leave to remain as a victim of modern slaveryS

16.—(1) A person who—

(a)has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

(b)has been ordinarily resident in the United Kingdom and Islands F18... since that person was first granted such discretionary leave to remain in the United Kingdom, and

(c)is ordinarily resident in Scotland on the relevant date.

(2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.

Textual Amendments

Commencement Information

I15Sch. 1 para. 16 in force at 1.8.2022, see reg. 1

Persons granted indefinite [F19leave to enter or remain] as a victim of domestic violence or domestic abuseS

17.  A person who—

(a)has been granted indefinite [F19leave to enter or remain] in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

[F20(i)paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

(ii)where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victim of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),]

(b)has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, and

(c)is ordinarily resident in Scotland on the relevant date.

Textual Amendments

Commencement Information

I16Sch. 1 para. 17 in force at 1.8.2022, see reg. 1

[F21Children of persons granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuseS

17A.—(1) A person who—

(a)has been granted indefinite leave to enter or remain in the United Kingdom,

(b)is the child of a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

(c)on the leave application date, was the child of the person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse,

(d)was under 18 years old on the leave application date,

(e)has been ordinarily resident in the United Kingdom since the person was granted such leave, and

(f)is ordinarily resident in Scotland on the relevant date.

(2) In this paragraph, “leave application date” means the date on which a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse made an application to remain in the United Kingdom on those grounds under the immigration rules.]

Textual Amendments

Persons granted Calais leaveS

18.  A person who—

(a)has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,

(b)has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, and

(c)is ordinarily resident in Scotland on the relevant date.

Commencement Information

I17Sch. 1 para. 18 in force at 1.8.2022, see reg. 1

Children of Swiss nationalsS

19.  A person with protected rights who—

(a)is the child of a Swiss national,

(b)is entitled to support in the United Kingdom by virtue of Article 18(2) (related rights) of the Swiss citizens’ rights agreement,

(c)is ordinarily resident in Scotland on the relevant date,

(d)has been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.

Commencement Information

I18Sch. 1 para. 19 in force at 1.8.2022, see reg. 1

Children of Turkish workersS

20.—(1) A person who—

(a)is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day,

(b)was ordinarily resident in the United Kingdom immediately before IP completion day,

(c)is ordinarily resident in Scotland on the relevant date, and

(d)has been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the relevant date.

(2) In this paragraph “Turkish worker” means a Turkish national who—

(a)is ordinarily resident in Scotland, and

(b)is, or has been, lawfully employed in the United Kingdom.

Commencement Information

I19Sch. 1 para. 20 in force at 1.8.2022, see reg. 1

PART 2SPERSONS ELIGIBLE FOR TUITION FEE SUPPORT ONLY

EU nationals etc with protected rights who have not been living in the UK and Islands for 3 yearsS

21.  A person with protected rights who—

(a)is either an EU national or the family member of an EU national,

[F22(ab)has not been ordinarily resident in the United Kingdom for the period of 3 years immediately preceding the relevant date,]

(b)seeks support in respect of a course of education at an establishment in Scotland, and

(c)is ordinarily resident in the United Kingdom and Islands on the relevant date.

Textual Amendments

Commencement Information

I20Sch. 1 para. 21 in force at 1.8.2022, see reg. 1

Persons who are children of asylum seekers or young asylum seekersS

22.—(1) 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,

F23(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)was under 18 years old on the date when the application for asylum was made, F24... and

F25(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(2) In this paragraph “young asylum seeker” means an unaccompanied asylum-seeker under the age of 18.

Textual Amendments

Commencement Information

I21Sch. 1 para. 22 in force at 1.8.2022, see reg. 1

Regulations 11(2)(a),11(6) and 11(7)

SCHEDULE 2SPERSONS ELIGIBLE FOR TUITION FEE LOAN ONLY

United Kingdom nationals formerly resident in the EEA and SwitzerlandS

1.—(1) A person who—

(a)is—

(i)a United Kingdom national, or

(ii)a family member of a UK national,

(b)was ordinarily resident on IP completion day—

(i)in the territory comprising the European Economic Area and Switzerland, or

(ii)in the United Kingdom and Islands, immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland from IP completion day to the relevant date,

(c)is ordinarily resident in Scotland on the relevant date,

(d)has been ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(e)is undertaking a course for which the relevant date is earlier than 31 July 2028.

(2) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Commencement Information

I22Sch. 2 para. 1 in force at 1.8.2022, see reg. 1

Residents of IrelandS

2.  A person who—

(a)is an Irish national or a United Kingdom national,

(b)is ordinarily resident in Ireland on the [F26relevant date],

[F27(c)has been ordinarily resident in the United Kingdom and Islands or Ireland throughout the period of 3 years immediately preceding the relevant date, and]

(d)is undertaking a course in Scotland.

Textual Amendments

Commencement Information

I23Sch. 2 para. 2 in force at 1.8.2022, see reg. 1

Residents of GibraltarS

3.  A person who—

(a)is—

(i)a United Kingdom national, or

(ii)an EU national with a right of residence in Gibraltar arising under the EU withdrawal agreement,

(b)is ordinarily resident in Gibraltar,

(c)is undertaking a course in Scotland,

(d)has been ordinarily resident in the territory comprising the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

(e)is undertaking a course for which the relevant date is earlier than 31 July 2028.

Commencement Information

I24Sch. 2 para. 3 in force at 1.8.2022, see reg. 1

Regulations 3(3), 7(3), 11(8), 12(6), 26(2) and 29(2)

SCHEDULE 3SORDINARY RESIDENCE

Ordinary residence on relevant dateS

1.—(1) For the purposes of [F28schedules 1 and 2] a person is to be treated as being ordinarily resident in Scotland on the relevant date if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority, are satisfied that that person was not actually so resident only because—

(a)that person or their spouse or civil partner or either of their parents, or

(b)in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was temporarily employed outside Scotland, or attending a course of study or undertaking postgraduate research outside Scotland.

(2) Subject to sub-paragraph (3), a person is not to be treated as being ordinarily resident in Scotland on the relevant date if the Scottish Ministers or applicable education authority are satisfied that their residence there on that date is attributable to, or connected with, any period of residence in Scotland within 3 years immediately preceding the relevant date which was wholly or mainly for the purpose of receiving full-time education.

(3) Sub-paragraph (2) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.

Textual Amendments

Commencement Information

I25Sch. 3 para. 1 in force at 1.8.2022, see reg. 1

Ordinary residence for specified period: general and interpretationS

2.  Paragraphs 3 to 5 apply in determining, for the purposes F29...

F30(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of [F31schedules 1 and 2] whether a person is to be treated as having been or not having been ordinarily resident for the period specified [F32in those schedules] (in this schedule “specified period”) in the United Kingdom, the Islands, Gibraltar, Ireland, the European Economic Area or Switzerland or the EU overseas territories or Turkey (in this schedule “relevant area”).

Textual Amendments

Commencement Information

I26Sch. 3 para. 2 in force at 1.8.2022, see reg. 1

Ordinary residence for specified period: exclusion for education purposesS

3.—(1) A person is not to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education.

(2) Sub-paragraph (1) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area and Switzerland immediately before the start of that period of residence.

(3) A person who is ordinarily resident in Scotland as a result of having moved from the Islands for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the Islands.

(4) A person who is ordinarily resident in Scotland as a result of having moved from a part of the United Kingdom other than Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the part of the United Kingdom from where they moved.

Commencement Information

I27Sch. 3 para. 3 in force at 1.8.2022, see reg. 1

Ordinary residence for specified period: length of residence requirements for dependent and independent students born in the relevant areaS

4.—(1) A person is to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was born and has spent the greater part of their life in the relevant area and that—

(a)one or more parent has been ordinarily resident in the relevant area throughout the specified period and that person is not an independent student, or

(b)that person has been ordinarily resident in the relevant area for at least 1 year of the specified period and no part of that period of residence was wholly or mainly for the purpose of receiving full-time education.

(c)Sub-paragraph (1)(b) does not apply to those qualifying by virtue of paragraph 2 (“EU nationals etc with protected rights”) of schedule 1 in relation to student loans issued under regulation 11 (students eligible for student loans).

(2) Subject to sub-paragraph (4), “independent student” means a student who on the relevant date—

(a)is aged 25,

(b)is married or in a civil partnership,

(c)has no parent living,

(d)has the care of a person under the age of 18 who is wholly or mainly financially dependent on them, or

(e)has supported themselves out of their earnings for periods aggregating not less than 3 years.

(3) In sub paragraph 2(e) a student is regarded as having supported themselves 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 such state authority or agency, 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 state authority or agency 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 person is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, by an employer or any former employer or by any other person, or

(e)held an advanced postgraduate award or comparable award.

(4) For the purposes of Part 6 (education maintenance allowances), “independent student” in sub-paragraph (1)(a) means a person who on the relevant date—

(a)is married or in a civil partnership,

(b)has no parent or guardian living,

(c)does not reside with, has no regular contact with and receives no financial support from a parent or guardian,

(d)is a parent to whom child benefit is being paid,

(e)is in receipt of income support, universal credit or income-related employment and support allowance payable under Part 1 (employment and support allowance) of the Welfare Reform Act 2007(6),

(f)is a person being looked after and provided with accommodation by a local authority or equivalent organisation, or

(g)is a person, formerly looked after by a local authority or equivalent organisation, who does not reside with, has no regular contact with and receives no financial support from a parent or guardian.

Commencement Information

I28Sch. 3 para. 4 in force at 1.8.2022, see reg. 1

Ordinary residence for specified period: temporary absence for employment or studyS

5.  A student is treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was not actually so resident in the relevant area for the specified period only because—

(a)that student, or their spouse or civil partner, or either of their parents, either of their guardians or any other person having parental responsibility for that person, or

(b)in the case of a dependant direct relative in the ascending line, the child upon whom that student was dependent or that child’s spouse or civil partner,

was temporarily employed outside the relevant area, or attending a course of study or undertaking postgraduate research outside the relevant area.

Commencement Information

I29Sch. 3 para. 5 in force at 1.8.2022, see reg. 1

Regulations 13(1)(a) and 14(1)(a)

SCHEDULE 4SDESIGNATED COURSES

PART 1SCOURSES DESIGNATED FOR STUDENT LOANS AND STUDENT LOANS FOR TUITION FEES

1.  A first degree course other than a course referred to in paragraph 3.S

Commencement Information

I30Sch. 4 para. 1 in force at 1.8.2022, see reg. 1

2.  A course for the Diploma of Higher Education.S

Commencement Information

I31Sch. 4 para. 2 in force at 1.8.2022, see reg. 1

3.  A course for the initial training for teachers, including such a course leading to a first degree.S

Commencement Information

I32Sch. 4 para. 3 in force at 1.8.2022, see reg. 1

4.  A course for the further training of teachers or youth and community workers.S

Commencement Information

I33Sch. 4 para. 4 in force at 1.8.2022, see reg. 1

5.  A course in preparation for a professional examination of a standard higher than that of—S

(a)examinations at advanced level for the General Certificate of Education,

(b)the examination at higher level for the Scottish Certificate of Education, or

(c)the examination for the National Certificate or the National Diploma of the Scottish Qualifications Authority,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

Commencement Information

I34Sch. 4 para. 5 in force at 1.8.2022, see reg. 1

6.  A course providing education (whether or not in preparation for an examination) the standard of which is—S

(a)higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 5(a), (b) or (c) above, but

(b)not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

Commencement Information

I35Sch. 4 para. 6 in force at 1.8.2022, see reg. 1

7.  A course for the Certificate of Higher Education.S

Commencement Information

I36Sch. 4 para. 7 in force at 1.8.2022, see reg. 1

[F337A.  A taught course leading to a postgraduate diploma.S

Textual Amendments

7B.  A taught course leading to a postgraduate masters degree.S

Textual Amendments

7C.  A research course leading to a postgraduate masters degree.]S

Textual Amendments

PART 2SCOURSES DESIGNATED FOR STUDENT LOANS ONLY

8.  A course for the Higher National Diploma or Higher National Certificate of the Scottish Qualifications Authority.S

Commencement Information

I37Sch. 4 para. 8 in force at 1.8.2022, see reg. 1

F349.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Commencement Information

I38Sch. 4 para. 9 in force at 1.8.2022, see reg. 1

F3410.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Commencement Information

I39Sch. 4 para. 10 in force at 1.8.2022, see reg. 1

F3411.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Commencement Information

I40Sch. 4 para. 11 in force at 1.8.2022, see reg. 1

Regulation 32

SCHEDULE 5SREVOCATIONS

Commencement Information

I41Sch. 5 in force at 1.8.2022, see reg. 1

Regulations revokedReferences
The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006S.S.I. 2006/333
The Education Authority Bursaries (Scotland) Regulations 2007S.S.I. 2007/149
The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007S.S.I. 2007/151
The Students’ Allowances (Scotland) Regulations 2007S.S.I. 2007/153
The Education (Student Loans) (Scotland) Regulations 2007S.S.I. 2007/154
The Education Maintenance Allowances (Scotland) Regulations 2007S.S.I. 2007/156
(3)

OJ L 141, 27.5.2011, p.1.

(5)

A copy of the Afghan Relocations and Assistance Policy Scheme can be viewed at https://www.gov.uk/government/publications/afghan-relocations-and-assistance-policy?msclkid=2a8bc686c7a511ec8a2b8132cb36424d.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: