SCHEDULE 1ELIGIBLE STUDENTS

PART 2Categories

EC nationals

10.—(1) A person who—

(a)is an EC national other than a United Kingdom national on the moving date;

(b)either—

(i)in the case of a person applying for support before the moving date—

(aa)is ordinarily resident in Wales on the date he or she applies for support;

(bb)satisfies the National Assembly that he or she will be ordinarily resident in Wales immediately before the moving date; or

(ii)in any other case, satisfies the National Assembly that he or she was ordinarily resident in England immediately before the moving date;

(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the moving date; and

(d)in a case whose 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 before the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the European Community after the moving date and a person is a national of that state, the person is treated as satisfying the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the moving date.