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3.—(1) In regulation 13(1) (miscellaneous), after paragraph (6), insert—
“(6A) For the purposes of paragraph (6), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.”.
(2) In regulation 40(2) (qualifying conditions for the disabled students’ allowance), after paragraph (2), insert—
“(2A) For the purposes of paragraph (2), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.”.
(3) In regulation 144(3) (fee support for designated part-time courses beginning on or after 1st September 2012), after paragraph (3), insert—
“(3ZA) For the purposes of paragraph (3)(b), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.”.
Regulation 13 was amended by S.I. 2012/1653, 2014/2765, 2017/114 and 2018/136.
Regulation 40 was substituted by S.I. 2014/2765.
Regulation 144 was amended by S.I. 2012/1653, 2014/2765 and 2017/114.
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