OpenLegislation

Paragraph 9D F1

(1)

A person—

(a)

who is a family member of a person who is F2settled in the United Kingdom on the first day of the first F3relevant year of the course;

(b)

who is undertaking the course in the United Kingdom;

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first F4relevant year of the course; and

(d)

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

(2)

Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with regulation 2(4).

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. 9D(1)(a) substituted (23.12.2021) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 24

F3

Word in Sch. 1 para. 9D(1)(a) 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(16) (with reg. 1(2))

F4

Word in Sch. 1 para. 9D(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(16) (with reg. 1(2))