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Paragraph 2

Original text. Later amendments are not shown.

(1)

The person referred to in paragraph 1(b) or 1(c) above is—

(a)

an EEA migrant worker who is entitled to a loan by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on free movement of workers within the community, as extended by the EEA Agreementf1,

(b)

the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse,

(c)

the child of an EEA migrant worker who is entitled to a loan by virtue of Article 12 of the above mentioned Council Regulation, or

(d)

a British citizen within the meaning of the British Nationality Act 1981f2 who was not ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man throughout the three years preceding the first year of the course in question only because—

(i)

he was ordinarily resident for the purposes of employment in the European Economic Area during every part of that period in which he was not ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man; or

(ii)

his parent or spouse is such a person as is mentioned in sub-paragraph (i) and is ordinarily resident in Northern Ireland on the relevant day.

(2)

In sub-paragraph (1)(d)(ii) “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child; and “relevant day” means—

(a)

where the person had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, that day;

(b)

where he had not so entered the United Kingdom, the day of the beginning of that term.

Annotations

Footnotes

f1

O.J. No. L257, 19.10.68, P2 (O.J./S.E. 1968 (II) p. 475)

f2

1981 c. 61