SCHEDULE 1ELIGIBLE STUDENTS

PART 2Categories

Workers, employed persons, self-employed persons and their family membersI18

1

A person who—

a

is—

i

a national of the United Kingdom who has exercised a right of free movement within the territory comprising the European Economic Area and Switzerland and is entitled, by virtue of an enforceable Community right, to be treated no less favourably in relation to student support than he would have been treated had he not exercised that right of free movement; or

ii

a family member of a person mentioned in paragraph (i);

b

subject to sub-paragraph (2), is ordinarily resident in England on the first day of the first academic year of the course; and

c

has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

2

A person who is not ordinarily resident in England on the first day of the first academic year of the course may be treated as satisfying paragraph (b) of sub-paragraph (1) if the Secretary of State is satisfied that the person—

a

is not so resident for a reason connected with the exercise of the right of free movement referred to in paragraph (a)(i) of sub-paragraph (1); but

b

is ordinarily resident in England on the day on which the first term of the first academic year of the course actually begins.

3

For the purposes of this paragraph “right of free movement” means a right of free movement under Article 39 or 43 of the Treaty establishing the European Community or an equivalent right under the EEA Agreement or the Swiss Agreement.