{
  "url": "https://openlegislation.uk/students-allowances-scotland-regulations-1987/regulation-2",
  "json_url": "https://openlegislation.uk/students-allowances-scotland-regulations-1987/regulation-2.json",
  "legislation": "uksi/1987/864",
  "legislation_title": "The Students' Allowances (Scotland) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/students-allowances-scotland-regulations-1987",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations–\n“allowance” means an allowance paid or to be paid under these Regulations or the Regulations revoked by these Regulations;\n“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;\n“employment” includes the holding of any office and any occupation for gain, and “employed” shall be construed accordingly;\n“European Community” means the area consisting of the member states of the European Economic Community (including the United Kingdom) as constituted from time to time;\n“National of a member state of the European Community” means a person who is a national for the purposes of the Community Treaties of any member state of the European Economic Community (including the United Kingdom) as constituted from time to time;\n“qualification” includes authorisation, recognition, registration, enrolment, approval and certification;\n“refugee” means–\n(a) a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967, or\n(b) a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not so recognised;\n“vocational training establishment” means a further education establishment being a vocational school within the meaning of Article 7 of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community.\n(2) In these Regulations any reference to a “qualifying day” in relation to a course of study means–\n(a) as respects a course starting in the autumn term of any year, 30th June in that year;\n(b) as respects a course starting in the spring term of any year, 31st October in the year preceding that year; and\n(c) as respects a course starting in the summer term of any year, the last day of February in that year.\n(3) In these Regulations any reference to a “relevant date” in relation to a course of study is–\n(a) as respects a course starting in the autumn term of any year, a reference to the earlier of 31st August in that year or the first day of that term;\n(b) as respects a course starting in the spring term of any year, a reference to the earlier of 31st December in the year preceding that year or the first day of that term; and\n(c) as respects a course starting in the summer term of any year, a reference to the earlier of 31st March in that year or the first day of that term.\n(4) In these Regulations any reference to a person being “ordinarily resident” in Scotland on the qualifying day includes–\n(a) a person whom the Secretary of State is satisfied to have been not so resident only because he, his spouse, or his parent was for the time being–\n(i) employed outside Scotland; or\n(ii) attending a course of study or undertaking postgraduate research outside Scotland; and\n(b) a person who, in accordance with paragraph 9(3)(c) of the Education (Mandatory Awards) Regulations 1986, is treated as ordinarily resident in the area in which the establishment providing his course is situated, if that establishment is in Scotland.\n(5) In these Regulations any reference to a person being “ordinarily resident” in the British Islands or in the European Community for a period includes–\n(a) a person whom the Secretary of State is satisfied to have been born and to have spent the greater part of his life in the British Islands or, as the case may be, the European Community; and either–\n(i) his parents or either of them have been ordinarily resident in the British Islands or, as the case may be, the European Community throughout the period of 3 years immediately preceding the relevant date (as defined in paragraph (3) above) and he himself is not an independent student; or\n(ii) whether or not he is an independent student, he has been ordinarily resident for at least one year of that period in the British Islands or, as the case may be, the European Community, provided that the Secretary of State is also satisfied that he has not been so resident for any part of that period wholly or mainly for the purpose of receiving full-time education; and\n(b) a person whom the Secretary of State is satisfied to have been not so resident only because he, his spouse, or his parent was for the time being–\n(i) employed outside the British Islands or, as the case may be, the European Community; or\n(ii) attending a course of study or undertaking post graduate research outside the British Islands or, as the case may be, the European Community.\n(6) In these Regulations any reference to an “independent student” means a student who prior to the relevant date (as defined in paragraph (3) above) has–\n(i) attained the age of 25 years; or\n(ii) been married for at least 3 years; or\n(iii) supported himself out of his earnings for periods aggregating not less than 3 years; or\n(iv) no parent living,\nand a student will be regarded as having supported himself out of his earnings for any period or periods, for which–\n(a) the student was in receipt of training in pursuance of the Manpower Services Commission’s Training Opportunities Programme, Youth Opportunities Programme, or Youth Training Scheme; or\n(b) the student was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975; or\n(c) before 24th November 1980, the student was registered for employment; or\n(d) on and after that date but before 18 October 1982, the student was registered and available for employment; or\n(e) on and after 18th October 1982, the student was available for employment and, if under the age of 18 years, registered for employment; or\n(f) the student held a Scottish Studentship or comparable award; or\n(g) the student received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975; or\n(h) the student had the care of a person under the age of 18 years who was dependent on him;\nand for the purposes of this definition any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976, and any reference to a provision contained in the Supplementary Benefits Act 1976 or the Social Security Act 1975 is a reference to that provision as from time to time in force.\n(7) In these Regulations any reference to a person’s child includes a reference to a person adopted in pursuance of adoption proceedings, a stepchild and an illegitimate child of whom the person concerned is the mother or in whose case the person has admitted paternity or has been adjudged the putative father; and “parent” shall be construed accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Cmnd. 9171."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Cmnd. 3906. (Out of print: photocopies are available free from Awards Branch, Scottish Education Department, Haymarket House, Clifton Terrace, Edinburgh EH12)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "O.J. No. L257, 19.10.68, p. 2. (O.J./S.E. 1968 (II), p. 475)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1986/1306."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1975 c. 14."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "On that date Schedule 2 to the Social Security Act 1980 (c. 30), which made relevant amendments to the Supplementary Benefits Act 1976 (c. 71), came into force by virtue of S.I. 1980/729."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 36 was substituted by section 11 of the Health and Social Security Act 1984 (c. 48)."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1976 c. 71; section 5 was substituted by section 38(1) of the Social Security and Housing Benefits Act 1982 (c. 24)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1990/1348",
      "affecting_title": "The Students' Allowances (Scotland) Amendment Regulations 1990"
    },
    {
      "type": "amended",
      "affecting": "uksi/1991/834",
      "affecting_title": "The Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991"
    },
    {
      "type": "added",
      "affecting": "uksi/1991/834",
      "affecting_title": "The Education (Fees and Awards, Allowances and Bursaries) (Scotland) Amendment Regulations 1991"
    },
    {
      "type": "amended",
      "affecting": "uksi/1988/1424",
      "affecting_title": "The Students' Allowances (Scotland) Amendment Regulations 1988"
    },
    {
      "type": "amended",
      "affecting": "uksi/1989/1112",
      "affecting_title": "The Students' Allowances (Scotland) Amendment Regulations 1989"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1991/387",
      "affecting_title": "The Enterprise (Scotland) Consequential Amendments Order 1991"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/864/regulation/2",
    "retrieved_at": "2026-10-29T16:26:44.652831+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}