The Students' Allowances (Scotland) Regulations 1987

Persons eligible for an allowance

5.  An allowance may be paid only to or in respect of a person who satisfies one of the following requirements:–

(a) (i) he is ordinarily resident in Scotland on the qualifying day in relation to the course in respect of which he seeks an allowance, provided that his residence there on that day is not in any sense attributable to or connected with any period of residence within 3 years immediately preceding the relevant date as respects any part of which the Secretary of State is of the opinion that its purpose was wholly or mainly that of receiving full-time education; and

(ii) he has been ordinarily resident throughout the period of 3 years preceding the relevant date in the British Islands, provided that the Secretary of State is satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education; or

(b) (i) he is the child of a national of a member state of the European Community, provided that the national–

(1) where employed on the qualifying day, is then in employment in the United Kingdom; or

(2) where not employed on the qualifying day (by reason of retirement or otherwise), was last employed in such employment; or

(3) whether or not employed on the qualifying day, has been, during the 3 year period preceding that date, in such employment for an aggregate period of not less than a year; and

(ii) he is ordinarily resident in Scotland on the qualifying day in relation to the course in respect of which he seeks an allowance, provided that his residence there on that day is not in any sense attributable to or connected with any period of residence within 3 years immediately preceding the relevant date as respects any part of which the Secretary of State is of the opinion that its purpose was wholly or mainly that of receiving full-time education; and

(iii) he has been ordinarily resident throughout the period of 3 years preceding the relevant date in the European Community, provided that the Secretary of State is satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education; or

(c) he is a national of a member state of the European Community who has been ordinarily resident throughout the period of 3 years preceding the relevant date in the European Community, provided that the Secretary of State is satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education, and who–

(i) is ordinarily resident in Scotland on the qualifying day;

(ii) has entered the United Kingdom wholly or mainly for the purpose of taking up or of seeking employment;

(iii) during the year preceding the relevant date has been in employment in the United Kingdom for an aggregate period of not less than 9 months; and

(iv) seeks an allowance in respect of a course provided by a vocational training establishment being a course leading to a qualification which is needed for, or is designed to fit, a person for engagement in a specific profession or trade; or

(d) he is a refugee or the spouse or child of a refugee, provided that the refugee has been ordinarily resident in the British Islands and has not ceased to be so ordinarily resident since he was first recognised as a refugee or was awarded asylum; or

(e) he is a national, or the child of a national, of a member state of the European Community (the Kingdom of Spain and the Portuguese Republic being deemed for the purposes of this paragraph to have been member states of the European Community from 1st September 1983) and he–

(i) seeks an allowance in respect of a course of study at an educational establishment in Scotland, and

(ii) has been ordinarily resident in the European Community throughout the 3 years immediately preceding the relevant date, provided that the Secretary of State is satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education,

in which case the allowance payable may be only that described in regulation 6(1)(a) (tuition and other fees); or

(f) a person to whom, or in respect of whom, an allowance has been paid in accordance with these Regulations or those revoked by them within the year immediately preceding the relevant date.