The Students' Allowances (Scotland) Regulations 1991

Regulation 3(2)

SCHEDULE 2 ORDINARY RESIDENCE

1.  For the purposes of paragraph 1(a) of Schedule 1–

(a) a person shall be treated as being ordinarily resident in Scotland on the qualifying day if the Secretary of State is satisfied that he was not actually so resident only because he, his spouse or his parent was for the time being–

(i) employed outside Scotland; or

(ii) attending a course of study or undertaking postgraduate research outside Scotland; and

(b) a person shall not be treated as being ordinarily resident in Scotland on the qualifying day if the Secretary of State is satisfied that his residence there on that day is in any sense attributable to, or connected with, any period of residence in Scotland within 3 years immediately preceding the relevant date as respects any part of which its purpose was wholly or mainly that of receiving full-time education.

2.—(1) Sub-paragraphs (2) and (3) below shall apply in determining, for the purposes of paragraphs 1(b), 2(b) and 4(b) and (c) of Schedule 1, whether a person is to be treated as having been or not having been ordinarily resident for the specified period in either the British Islands or the European Community (hereafter referred to in this paragraph as “the relevant area”).

(2) A person shall not be treated as having been ordinarily resident in the relevant area for the specified period if the Secretary of State is satisfied that he was resident therein for any part of that period wholly or mainly for the purpose of receiving full-time education.

(3) A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the Secretary of State is satisfied that–

(a) the person was born and has spent the greater part of his life in the relevant area and that–

(i) his parents or either of them have been ordinarily resident in the relevant area throughout the specified period and he himself is not an independent student; or

(ii) he 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; or

(b) the person was not actually ordinarily resident in the relevant area for the specified period only because he, his spouse or his parent was for the time being–

(i) employed outside the relevant area; or

(ii) attending a course of study or undertaking postgraduate research outside the relevant area.

3.—(1) In paragraph 2(3)(a)(i), “an independent student” means a person who prior to the relevant date has–

(a) attained the age of 25 years;

(b) been married for at least 2 years;

(c) no parent living; or

(d) supported himself out of his earnings for periods aggregating not less than 3 years.

(2) A person shall be regarded as having supported himself out of his earnings for any period or periods during which he–

(a) was in receipt of training in pursuance of programmes and schemes operated from time to time by the Manpower Services Commission, the Training Commission, the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise;

(b) was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975(1);

(c) before 24th November 1980(2), was registered for employment;

(d) on and after that date but before 18th October 1982(3), was registered and available for employment;

(e) on and after 18th October 1982 but before 11th April 1988(4), was for the purposes of section 5(1) of the Supplementary Benefits Act 1976(5) available for employment and, where applicable, also registered for employment;

(f) on and after 11th April 1988, was for the purposes of section 20(3)(d)(i) and (4) of the Social Security Act 1986(6) available for employment and, where applicable, also registered for employment;

(g) received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975(7) or statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982(8) or statutory maternity pay under Part V of the Social Security Act 1986;

(h) held a Scottish Studentship or comparable award; or

(i) had the care of a person under the age of 18 years who was dependent on him;

any reference in this sub-paragraph to a provision contained in the Social Security Act 1975, the Supplementary Benefits Act 1976 or the Social Security Act 1986 is a reference to that provision as from time to time in force.

(1)

1975 c. 14.

(2)

On that date Schedule 2 to the Social Security Act 1980 (c. 30), which made relevant amendments to the Supplementary Benefits Act 1976 (c. 71), came into force by virtue of S.I. 1980/729.

(3)

On that date section 38 of the Social Security and Housing Benefits Act 1982 (c. 24), which made relevant amendments to section 5 of the Supplementary Benefits Act 1976, came into force by virtue of S.I. 1982/893.

(4)

On that date the relevant parts of section 20 of the Social Security Act 1986 (c. 50) came into force by virtue of S.I. 1987/1853.

(5)

1976 c. 71; section 5 was repealed with effect from 11th April 1988 by Schedule 11 to the Social Security Act 1986 (see S.I. 1987/1853).

(6)

1986 c. 50; section 20(3)(d)(i) was amended by the Social Security Act 1989 (c. 24), section 13(1).

(7)

Section 15(1)(b) was amended by the Social Security Act 1989, Schedule 1, paragraph 5(1); section 22 was substituted by the Social Security Act 1986, Schedule 4, paragraph 13; section 36 was substituted by the Health and Social Security Act 1984 (c. 48), section 11.

(8)

1982 c. 24.