# The Education (Student Support) Regulations 2009, Regulation 90: Persons to be treated as eligible students


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.

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Source: https://www.legislation.gov.uk/uksi/2009/1555/regulation/90 (the official version)
Page: https://openlegislation.uk/education-student-support-regulations-2009/regulation-90
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

