Paragraph 7A F1
A person with protected rights who—
is ordinarily resident in England on the first day of the first academic year of the course;
has been ordinarily resident throughout the three-year period preceding the first academic year of the course either—
in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland; or
in the territory comprising the United Kingdom, the European Economic Area, Switzerland and the overseas territories where at least part of that ordinary residence was in the overseas territories;
is entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (“the Workers Regulation”), as it had effect immediately before IP completion day, as extended by the EEA Agreement, as it had effect immediately before IP completion day.
For the purposes of sub-paragraph (1)(c), in Article 10 of the Workers Regulation—
the reference to a “national of a Member State” is to be read as including a relevant person of Northern Ireland; and
the reference to “another Member State” is to be read as including the United Kingdom, and the references to “that State” construed accordingly.
Annotations
Textual amendments
- F1
Sch. 1 para. 7A inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 25(7)
- F2
Sch. 1 para. 7A(1)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(10)(f)