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 the United Kingdom F3on the first day of the designated further education course;

(c)

has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the further education 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(5).

Annotations

Textual amendments

F1: Words in Sch. 1 para. 2(1) omitted (15.2.2024 with application in accordance with reg. 2(4)(c) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 28(2)(a)
F2: Sch. 1 para. 2(1)(a) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 51(3)
F3: Words in Sch. 1 para. 2(1)(b) inserted (15.2.2024 with application in accordance with reg. 2(4)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2024 (S.I. 2024/85), regs. 1, 28(2)(b)

Commencement

I1: Sch. 1 para. 2 in force at 1.9.2012, see reg. 1(1)