OpenLegislation

Paragraph 2A F1

(1)

A person—

(a)

who is a United Kingdom national or an Irish citizen F2..., and does not fall within paragraph 3 of the Schedule;

(b)

who is undertaking the course in Northern Ireland;

(c)

who has been ordinarily resident in the territory comprising the United Kingdom, Gibraltar, EEA and Switzerland (the relevant territory) 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 ordinary residence in the relevant territory 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 relevant territory in accordance with paragraph F31(3).

Annotations

Textual amendments

F1

Sch. 1 para. 2A inserted (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(4)

F2

Words in Sch. para. 2A(1)(a) 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(c)

F3

Word in Sch. para. 2A(2) substituted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 61(a)