OpenLegislation

Paragraph 9 EU nationals etc.F9I1

Northern Ireland

(1)

A person who—

(a)

is either—

(i)

an F1EU national on the first day of the first academic year of the course; or

(ii)

a family member of a such a person;

(b)

is—

(i)

attending a designated course in Northern Ireland; or

(ii)

undertaking a compressed degree course, F2designated distance learning course, designated part-time course F3, a designated postgraduate course, or a designated Master’s, etc. course in Northern Ireland;

(c)

has been ordinarily resident in the territory comprising F4the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d)

subject to sub-paragraph (2), whose ordinary residence in the territory comprising F5the United Kingdom, Gibraltar, the European Economic Area and Switzerland 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 territory comprising F6the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(4).

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4)

Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 9(1)(a)(i) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(10)

F2

Words in Sch. 2 para. 9(1)(b)(ii) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 44(a)

F3

Words in Sch. 2 para. 9(1)(b)(ii) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 44(b)

F4

Words in Sch. 2 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)

F5

Words in Sch. 2 para. 9(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)

F6

Words in Sch. 2 para. 9(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)

F7

Sch. 2 para. 9(3) omitted (with application in accordance with reg. 1(2)(3) of the amending Rule) by virtue of The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(10)

F8

Sch. 2 para. 9(4) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(bb)

F9

Words in Sch. 2 para. 9 heading substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 13(9)

Commencement

I1

Sch. 2 para. 9 in operation at 17.12.2009, see reg. 1(1)

Notes on Schedule 2

Textual amendments

F1

Sch. 2 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 16