Regulation 8 Amendment of Education Maintenance Allowances Regulations

(1)

The Education Maintenance Allowances (Scotland) Regulations 2004^f1 are amended as follows.

(2)

In regulation 2 (interpretation) after the definition of “Islands” insert–

““national of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Community (including the United Kingdom) as constituted from time to time;”.

(3)

In Schedule 1 (persons eligible for Education Maintenance Allowances) after paragraph 7 insert–

“7A.

A person who–

(a)

is a national of a member State of the European Community other than the United Kingdom or the child of such a person;

(b)

is ordinarily resident in Scotland on the qualifying date; and

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three year period preceding that date.”.

(4)

In Schedule 2 (ordinary residence) in paragraph 2(1)–

(a)

after “Schedule 1” insert–

““and sub-paragraph (3) below, under exception of the words from “provided that the Scottish Ministers” to “full-time education” where they appear in sub paragraph (3)(a)(ii), shall apply in determining, for the purposes of paragraph 7A(b) and (c) of Schedule 1,”; and

(b)

after “period”) in” insert “Scotland,”.

Annotations

Footnotes

f1: S.S.I 2004/273, amended by S.S.I. 2004/301 and 469, and 2005/217.