Paragraph 2 Persons who are settled in the United KingdomI1

Northern Ireland

(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 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(3).

Annotations

Textual amendments

F1: Words in Sch. para. 2(1) omitted (with application in accordance with reg. 1(3)(c) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 15(a)
F2: Sch. 1 para. 2(1)(a) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 16(3)
F3: Words in Sch. para. 2(1)(b) inserted (with application in accordance with reg. 1(3)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 15(b)

Commencement

I1: Sch. para. 2 in operation at 1.9.2007, see reg. 1