Regulation 3 Students' Allowances

in paragraph (1) of regulation 2 (interpretation) after the definition of “EEA Agreement” there shall be inserted the following definition:–

• ““EEA migrant worker” means a person who is a national of an EEA State who has taken up an activity as an employed person in the United Kingdom–

  1. (a)

     under Council Regulation (EEC) No.1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole European Economic Area by the EEA Agreement); or

  2. (b)

     in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourable than a national of another EEA State in relation to matters which are the subject of the above mentioned Regulation;”;

in paragraph 1 of Schedule 1 (persons eligible for allowances) there shall be added at the end–

• “; and

  1. (c)

     is settled in the United Kingdom within the meaning of the Immigration Act 1971 on the relevant date.”;

for paragraph 2 of Schedule 1 there shall be substituted the following paragraphs:–

“2

A person who is an EEA migrant worker who–

(a)

is entitled to the payment of an allowance by virtue of Article 7(2) or (3) of Council Regulation (EEC) 1612/68 on freedom of movement for workers within the Community (which was extended to apply to the whole of the European Economic Area by the EEA Agreement) or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member state in relation to matters which are the subject of Article 7(2) and (3);

(b)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c)

(i)

is ordinarily resident in Scotland on the qualifying day, or

(ii)

seeks an allowance in respect of a course of education at an establishment in Scotland.

2A

A person who is the spouse of an EEA migrant worker and who–

(a)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date;

(b)

is installed in the United Kingdom with his spouse; and

(c)

(i)

is ordinarily resident in Scotland on the qualifying day, or

(ii)

seeks an allowance in respect of a course of education at an establishment in Scotland.

2B

A person who is the child of an EEA migrant worker and who–

(a)

is entitled to the payment of an allowance by virtue of Article 12 of the above mentioned Council Regulation or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member state in relation to matters which are the subject of Article 12;

(b)

has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the relevant date; and

(c)

(i)

is ordinarily resident in Scotland on the qualifying day; and

(ii)

seeks an allowance in respect of a course of education at an establishment in Scotland.”;

in paragraph 3(b)(i) of Schedule 1 for the word “date” there shall be substituted the word “day”;

after paragraph 3 of Schedule 1 there shall be inserted the following paragraph:–

“3A

A person who–

(a)

(i)

has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom and he has been granted leave to enter or remain accordingly;

(ii)

is ordinarily resident in Scotland on the qualifying day; and

(iii)

has been ordinarily resident in the British Islands throughout the period of 3 years immediately preceding the relevant date; or

(b)

is the spouse or child of a person of the kind described in sub-paragraph (a).”; and

in paragraph 2 of Schedule 2 (ordinary residence) after “2(b)” there shall be inserted“, 2A(a), 2B(b), 3A(a)(iii)”.