{
  "url": "https://openlegislation.uk/education-maintenance-allowances-scotland-regulations-2004/schedule-1/paragraph-2",
  "json_url": "https://openlegislation.uk/education-maintenance-allowances-scotland-regulations-2004/schedule-1/paragraph-2.json",
  "legislation": "ssi/2004/273",
  "legislation_title": "The Education Maintenance Allowances (Scotland) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/education-maintenance-allowances-scotland-regulations-2004",
  "path": "schedule/1/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "A person who is an EEA migrant worker who–\n(a) is entitled to the payment of an education maintenance allowance for the course in respect of which he or she seeks that education maintenance allowance by virtue of Article 7(2) or (3) of the Free Movement Regulation or, where he or she 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) of that Regulation;\n(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the qualifying date; and\n(c) is ordinarily resident in the United Kingdom and Islands on the qualifying date.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "am",
      "affecting": "ssi/2005/545",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment (No. 2) Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "subst",
      "affecting": "ssi/2006/323",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2006"
    },
    {
      "type": "am",
      "affecting": "ssi/2004/301",
      "affecting_title": "The Education Maintenance Allowances (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2004/469",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) Switzerland (Scotland) Amendment Regulations 2004"
    },
    {
      "type": "added",
      "affecting": "ssi/2005/341",
      "affecting_title": "The Education (Graduate Endowment, Student Fees and Support) (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "subst",
      "affecting": "ssi/2005/217",
      "affecting_title": "The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "am",
      "affecting": "ssi/2005/217",
      "affecting_title": "The Education (Student Fees and Support) Temporary Protection (Scotland) Amendment Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2005/572",
      "affecting_title": "The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2004/273/schedule/1/paragraph/2",
    "retrieved_at": "2026-10-28T22:30:51.292198+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}