{
  "url": "https://openlegislation.uk/education-student-support-regulations-northern-ireland-2006/schedule-1/paragraph-1",
  "json_url": "https://openlegislation.uk/education-student-support-regulations-northern-ireland-2006/schedule-1/paragraph-1.json",
  "legislation": "nisr/2006/312",
  "legislation_title": "The Education (Student Support) Regulations (Northern Ireland) 2006",
  "legislation_url": "https://openlegislation.uk/education-student-support-regulations-northern-ireland-2006",
  "path": "schedule/1/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "(1) For the purposes of this Schedule—\n“Directive 2004/38” means Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;\n“EC national” means a national of a Member State of the European Community;\n“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;\n“EEA frontier self-employed person” means an EEA national who—\n(a)is a self-employed person in Northern Ireland; and\n(b)resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;\n“EEA frontier worker” means an EEA national who—\n(c)is a worker in Northern Ireland; and\n(d)resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;\n“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;\n“EEA national” means a national of an EEA State other than the United Kingdom;\n“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;\n“EEA State” means a Member State of the European Economic Area;\n“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;\n“European Economic Area” means the area comprised by the European Community, the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;\n“family member” unless otherwise indicated, means—\n(a)in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—\n(i)his spouse or civil partner;\n(ii)his child or the child of his spouse or civil partner; or\n(iii)dependent direct relatives in his ascending line or that of his spouse or civil partner;\n(b)in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—\n(i)his spouse or civil partner; or\n(ii)his child or the child of his spouse or civil partner;\n(c)in relation to an EC national who is not self sufficient—\n(i)his spouse or civil partner; or\n(ii)direct descendants of his or of his spouse or civil partner who are—\n(aa)under the age of 21; or\n(bb)dependants of his or his spouse or civil partner;\n(d)in relation to an EC national who is self-sufficient—\n(i)his spouse or civil partner;\n(ii)direct descendants of his or of his spouse or civil partner who are—\n(aa)under the age of 21; or\n(bb)dependants of his or his spouse or civil partner; or\n(iii)dependent direct relatives in his ascending line or that of his spouse or civil partner;\n(e)in relation to a United Kingdom national, for the purposes of paragraph 9—\n(i)his spouse or civil partner; or\n(ii)direct descendants of his or his spouse or civil partner who are—\n(aa)under the age of 21; or\n(bb)dependants of his or his spouse or civil partner;\n“person with leave to enter or remain” means a person who—\n(a)has been informed by a person acting under the authority of the Secretary of the State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;\n(b)has been granted leave to enter or to remain accordingly; and\n(c)has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;\n“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;\n“self-employed person” means—\n(a)in relation to an EEA national, a person who is self-employed within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or\n(b)in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;\n“self-sufficient” means self-sufficient within the meaning of Article 7(1)(b) of Directive 2004/38;\n“settled” has the meaning given by section 33(2A) of the Immigration Act 1971;\n“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002;\n“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;\n“Swiss frontier employed person” means a Swiss national who—\n(a)is an employed person in Northern Ireland; and\n(b)resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;\n“Swiss frontier self-employed person”means a Swiss national who—\n(a)is a self-employed person in Northern Ireland; and\n(b)resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;\n“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom;\n“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;\n“worker” means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement, as the case may be;\n(2) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.\n(3) For the purposes of this Schedule, a person who is ordinarily resident in Northern Ireland, England, Wales, Scotland, or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—\n(a) the current course; or\n(b) a course which, disregarding any intervening vacation, the student undertook immediately before undertaking the current course,\nis to be considered to be ordinarily resident in the place from which he moved.\n(4) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—\n(a) he;\n(b) his spouse or civil partner;\n(c) his parent;\n(d) in the case of a dependent direct relative in the ascending line, his child or his child’s spouse or civil partner,\nis or was temporarily employed outside the area in question.\n(5) For the purposes of sub-paragraph (4), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—\n(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;\n(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and\n(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.\n(6) For the purposes of this Schedule an area which—\n(a) was previously not part of the European Community or the European Economic Area; but\n(b) at any time before or after these Regulations come into operation has become part of one or other or both of these areas,\nis to be considered to have always been a part of the European Economic Area.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 para. 1(4) substituted (10.7.2007) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/293), regs. 1, 14(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 1 para. 1(5) substituted (10.7.2007) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/293), regs. 1, 14(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 1 in operation at 1.9.2006, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L158, 30.04.2004, p77-123."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Cm. 2073."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Cm. 2183."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Cm. 4904."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2006/312/schedule/1/paragraph/1",
    "retrieved_at": "2026-10-29T01:45:48.766711+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}