Explanatory note

These Regulations consolidate, with minor amendments, the Students' Allowances (Scotland) Regulations 1996 (“the 1996 Regulations”) and the subsequent amending instrument. They enable the Secretary of State to pay allowances to persons attending courses of education who fulfil certain criteria as to eligibility and they prescribe the conditions and requirements subject to which allowances may be paid.

The eligibility criteria are detailed in Schedule 1, whilst Schedule 2 makes provision as to when a person is to be treated as ordinarily resident in a place for or at a particular time.

These Regulations differ from the 1996 Regulations in three respects. Firstly, the day at which a person must be ordinarily resident in Scotland, or before which he must have been ordinarily resident for a period in the United Kingdom and Islands or the European Economic Area, in order to qualify for allowances is the first day of the first academic year of the course. Secondly, EEA migrant workers, their spouses and children and refugees must establish ordinary residence in Scotland on the first day of the first academic year of the course. It will no longer be sufficient that they will be attending an establishment in Scotland. Thirdly, spouses and children of individuals who are not recognised as refugees, but are nevertheless granted leave to enter or remain in the United Kingdom, must establish ordinary residence in Scotland on the first day of the first academic year of the course and ordinary residence in the United Kingdom for the period of three years immediately preceding that date.

Regulation 7 revokes the 1996 Regulations but provides for these to continue to apply as regards allowances awarded before their revocation.