# The Education (Student Support) (No.2) Regulations 2008, Regulation 85: Persons to be treated as eligible students

Extent: E+W+S+N.I.
Status: prospective

A person is a “person treated as an eligible student” if—
(a) none of the circumstances in regulation 5(3) applies to that person; and
(b) either—
(i) that person would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 1 if any requirement in those paragraphs to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in England had been a requirement to be working or self-employed in Scotland; or
(ii) that person is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 1 if the requirement in that paragraph to be ordinarily resident in England at a particular time had been a requirement to be ordinarily resident in Scotland.

---
Source: https://www.legislation.gov.uk/uksi/2008/1582/regulation/85 (the official version)
Page: https://openlegislation.uk/education-student-support-no2-regulations-2008/regulation-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.