Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 2, para 3 rev in pt by Students' Allowances 2001 regs 2, 6(a)
Sch 2, para 3 am by Students' Allowances 2001 regs 2, 6(b), (c), 7
schs 1, 2 subst by Education (Graduate Endowment, Student Fees and Support) 2006 reg 5, sch 4
Sch. 2 para. 2(1) words substituted by Education (Graduate Endowment, Student Fees and Support) Switzerland 2004 reg. 5(4)
Sch 2, para 1 am by Education (Graduate Endowment, Student Fees and Support) 2005 reg 5(1), (2)(a)
Sch 2, para 2 rev in pt by Education (Graduate Endowment, Student Fees and Support) 2005 reg 5(1), (2)(b)
Sch 2, para 2 am by Education (Graduate Endowment, Student Fees and Support) 2005 reg 5(1), (4)
Sch. 2 para. 1(a) words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 34(a)
Sch. 2 para. 2(3)(b) words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 34(a)
Sch. 2 para. 3(1)(b) words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 34(b)

(1)

Sub-paragraphs (2) and (3) below shall apply in determining, for the purposes of paragraphs 1(b), 2(b), 3(a), 4(b), 6(a)(iii) and 7(b) and (c) of Schedule 1, whether a person is to be treated as having been or not having been ordinarily resident for the specified period in either the United Kingdom or the European Economic Area (hereinafter referred to in this paragraph as “the relevant area”).

(2)

A person shall not be treated as having been ordinarily resident in the relevant area for the specified period if the Secretary of State is satisfied that he was resident therein for any part of that period wholly or mainly for the purpose of receiving full-time education.

(3)

A person shall be treated as having been ordinarily resident in the relevant area for the specified period if the Secretary of State is satisfied that–

(a)

the person was born and has spent the greater part of his life in the relevant area and that–

(i)

his parents or either of them have been ordinarily resident in the relevant area throughout the specified period and he himself is not an independent student; or

(ii)

he has been ordinarily resident in the relevant area for at least 1 year of the specified period and no part of that period of residence was wholly or mainly for the purpose of receiving full-time education; or

(b)

the person was not actually ordinarily resident in the relevant area for the specified period only because he, his spouse or his parent was for the time being–

(i)

employed outside the relevant area; or

(ii)

attending a course of study or undertaking postgraduate research outside the relevant area.