The Education (Student Support) Regulations 2006

Prospective

PART 2 E+W Categories

Persons who are settled in the United Kingdom E+W

2.—(1) A person who on the first day of the first academic year of the course—

(a) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b) is ordinarily resident in England;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

Commencement Information

I1 Sch. 1 para. 2 in force at 1.3.2006, see reg. 1(1)

3.—(1) A person who on the first day of the first academic year of the course—

(a) is settled in the United Kingdom by virtue of having acquired the right of permanent residence;

(b) is ordinarily resident in England;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where his residence leading to the acquisition of the right of permanent residence was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the start of that period of residence.

Commencement Information

I2 Sch. 1 para. 3 in force at 1.3.2006, see reg. 1(1)

Refugees and persons with leave to enter or remain E+W

4.  A person who—

(a) is either—

(i) a refugee ordinarily resident in the United Kingdom and Islands who has not ceased to be so resident since he was recognised as a refugee; or

(ii) the spouse, civil partner, child or step-child of a person mentioned in paragraph (i); and

(b) is ordinarily resident in England on the first day of the first academic year of the course.

Commencement Information

I3 Sch. 1 para. 4 in force at 1.3.2006, see reg. 1(1)

5.  A person who—

(a) is either—

(i) a person with leave to enter or remain; or

(ii) the spouse, civil partner, child or step-child of a person with leave to enter or remain;

(b) 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 United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

Commencement Information

I4 Sch. 1 para. 5 in force at 1.3.2006, see reg. 1(1)

Workers, employed persons, self-employed persons and their family members E+W

6.—(1) A person 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 paragraph (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 paragraph (iv) or (v);

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

Commencement Information

I5 Sch. 1 para. 6 in force at 1.3.2006, see reg. 1(1)

7.  A person who—

(a) is ordinarily resident in England on the first day of the first academic year of the course;

(b) 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; and

(c) is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(1), as extended by the EEA Agreement.

Commencement Information

I6 Sch. 1 para. 7 in force at 1.3.2006, see reg. 1(1)

8.—(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.

Commencement Information

I7 Sch. 1 para. 8 in force at 1.3.2006, see reg. 1(1)

EC nationals E+W

9.—(1) A person who on the first day of the first academic year of the course—

(a) is an EC national or a family member of a such a national;

(b) is—

(i) attending a designated course in England; or

(ii) undertaking a designated part-time course or a designated postgraduate course in England;

(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; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph (1)(4).

Commencement Information

I8 Sch. 1 para. 9 in force at 1.3.2006, see reg. 1(1)

10.  A person who on the first day of the first academic year of the course—

(a) is an EC national;

(b) is ordinarily resident in England;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) where he is a national of the United Kingdom, has a right to be treated no less favourably than a national of another Member State by virtue of having exercised a Community right of free movement or an equivalent right under the EEA Agreement or Swiss Agreement; and

(e) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

Commencement Information

I9 Sch. 1 para. 10 in force at 1.3.2006, see reg. 1(1)

Children of Swiss nationals E+W

11.  A person who on the first day of the first academic year of the course—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in England;

(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; and

(d) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

Commencement Information

I10 Sch. 1 para. 11 in force at 1.3.2006, see reg. 1(1)

(1)

OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475).