# The Further Education Loans Regulations 2012, Paragraph 9BA


(1) A person—
(a) who is an Irish citizen on the first day of the designated further education course;
(b) who was ordinarily resident immediately before IP completion day—
(i) in the territory comprising the European Economic Area and Switzerland; or
(ii) in the United Kingdom, where that ordinary residence began after 31st December 2017 immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,
and has remained ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the period beginning on IP completion day and ending immediately before the first day of the designated further education course;
(c) who is attending or undertaking a designated further education course in England;
(d) who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland throughout the three-year period preceding the first day of the designated further education course; and
(e) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (d) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (e) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the United Kingdom, Gibraltar, the European Economic Area and Switzerland in accordance with paragraph 1(5).

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Source: https://www.legislation.gov.uk/uksi/2012/1818/schedule/1/paragraph/9BA (the official version)
Page: https://openlegislation.uk/further-education-loans-regulations-2012/schedule-1/paragraph-9BA
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.