Paragraph 9C F1

(1)

F2Subject to paragraphs (3) and (4), A person—

(a)

who is—

(i)

F3a person who is settled in the United Kingdom F4...; F5...

(ii)

a family member of a person mentioned in sub-paragraph (i) F6, or who would be such a person if they were ordinarily resident in the United Kingdom; F7or

(iii)

a person who is a British citizen and who—

(aa)

was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date; or

(bb)

is a direct descendant of a person who was born in the British Indian Ocean Territory or, prior to 8th November 1965, in those islands designated as the British Indian Ocean Territory on that date;

(b)

who is undertaking the course in the United Kingdom;

(c)

who has been ordinarily resident in the specified British overseas territories for at least part of the three year period preceding the first day of the first F8relevant year of the course;

(d)

who has been ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories throughout the three-year period preceding the first day of the first F9relevant year of the course; and

(e)

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

(2)

Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, the Islands and the specified British overseas territories in accordance with regulation 2(4).

F10(3)

For the purposes of paragraphs (c) and (d) of sub-paragraph (1), a person mentioned in paragraph (a)(iii) of sub-paragraph (1) is treated as being ordinarily resident in the specified British overseas territories in any period before the first day of the first F11relevant year of the course in which they are not ordinarily resident in the United Kingdom or the Islands.

(4)

Paragraph (e) of sub-paragraph (1) does not apply to a person mentioned in paragraph (a)(iii) of that sub-paragraph.

Annotations

Textual amendments

F1: Sch. 1 paras. 9A-9E inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 35(10)
F2: Words in Sch. 1 para. 9C inserted (15.2.2024 with application in accordance with reg. 2(6) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(a)(i)
F3: Words in Sch. 1 para. 9C(1)(a)(i) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 22(b)(i)
F4: Words in Sch. 1 para. 9C(1)(a)(i) omitted (15.2.2024 with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 14(2)(d)
F5: Word in Sch. 1 para. 9C(a)(i) omitted (15.2.2024 with application in accordance with reg. 2(6) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(a)(ii)
F6: Words in Sch. 1 para. 9C(1)(a)(ii) inserted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 22(b)(ii)
F7: Sch. 1 para. 9C(a)(iii) and word inserted (15.2.2024 with application in accordance with reg. 2(6) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(a)(iii)
F8: Word in Sch. 1 para. 9C(1)(c) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(15) (with reg. 1(2))
F9: Word in Sch. 1 para. 9C(1)(d) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(15) (with reg. 1(2))
F10: Sch. 1 para. 9C(3)(4) inserted (15.2.2024 with application in accordance with reg. 2(6) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 17(b)
F11: Word in Sch. 1 para. 9C(3) substituted (1.9.2026) by The Lifelong Learning (Student Support) (Amendment of Fees and Awards etc.) Regulations 2026 (S.I. 2026/858), reg. 1(1)(b), Sch. 8 para. 6(15) (with reg. 1(2))