# The Education Maintenance Allowances (Scotland) Regulations 2004, Paragraph 2


A person who is an EEA migrant worker who–
(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;
(b) has been ordinarily resident in the European Economic Area throughout the period of 3 years immediately preceding the qualifying date; and
(c) is ordinarily resident in the United Kingdom and Islands on the qualifying date.

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Source: https://www.legislation.gov.uk/ssi/2004/273/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/education-maintenance-allowances-scotland-regulations-2004/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.