Paragraph 2 Persons who are settled in the United KingdomI1

England and Wales

(1)

A person who F1...—

F2(a)

is settled in the United Kingdom and does not fall within paragraph 3;

(b)

is ordinarily resident in Wales F3on the first day of the first academic year of the course;

(c)

has been ordinarily resident in the United Kingdom and Islands 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 residence in the United Kingdom and Islands 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 United Kingdom and Islands in accordance with paragraph 1(4).

Annotations

Textual amendments

F1: Words in Sch. 1 para. 2(1) omitted (with application in accordance with reg. 2(1)(a) of the amending S.I.) by virtue of The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 18(a)
F2: Sch. 1 para. 2(1)(a) substituted (25.4.2021) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 69 (with reg. 2)
F3: Words in Sch. 1 para. 2(1)(b) inserted (with application in accordance with reg. 2(1)(a) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/16), regs. 1(2), 18(b)

Commencement

I1: Sch. 1 para. 2 in force at 17.2.2017, see reg. 1(2)