OpenLegislation

Paragraph 9C F1

(1)

A person—

(a)

who is a family member of a person who is F2settled in the United Kingdom on the first day of the designated further education course;

(b)

who is attending or undertaking a designated further education course in England;

(c)

who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the designated further education course; F3...

(d)

subject to sub-paragraph (2), whose ordinary 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 F4and

(e)

who did not move to England from the Islands for the purpose of undertaking the current course or a course which the person undertook before undertaking the current course.

(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

Sch. 1 paras. 9A-9D inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 51(10)

F2

Words in Sch. 1 para. 9C(1)(a) substituted (23.12.2021 with application in accordance with reg. 1(3)(f) 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), 37

F3

Word in Sch. 1 para. 9C(1) repealed (1.9.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 20(c)

F4

Sch. 1 para. 9C(1)(e) and word inserted (1.9.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/929), regs. 1(1), 20(c)