xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
[F18A.—(1) A person with protected rights who—E+W
(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 United Kingdom, F2..., the European Economic Area [F3, Switzerland and the overseas territories] 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 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.
(2) For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—
(a)the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and
(b)the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.]
Textual Amendments
F1Sch. 1 para. 8A inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 67(7)
F2Word in Sch. 1 para. 8A(1)(b) omitted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 61(3)(f)(i)
F3Words in Sch. 1 para. 8A(1)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 61(3)(f)(ii)