# The Student Support (Scotland) Regulations 2022, Paragraph 1: Ordinary residence on relevant date

Extent: S

(1) For the purposes of schedules 1 and 2 a person is to be treated as being ordinarily resident in Scotland on the relevant date if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority, are satisfied that that person was not actually so resident only because—
(a) that person or their spouse or civil partner or either of their parents, or
(b) in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,
was temporarily employed outside Scotland, or attending a course of study or undertaking postgraduate research outside Scotland.
(2) For the purposes of schedules 1 and 2, a person who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.
(3) Sub-paragraph (2) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.

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Source: https://www.legislation.gov.uk/ssi/2022/157/schedule/3/paragraph/1 (the official version)
Page: https://openlegislation.uk/student-support-scotland-regulations-2022/schedule-3/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.