Statutory Instrument 1988 No. 1424 (S.135)

The Students' Allowances (Scotland) Amendment Regulations 1988

---

© Crown Copyright 1988

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Students' Allowances (Scotland) Amendment Regulations 1988, ISBN 0110874242. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 No. 1424 (S.135)

EDUCATION, SCOTLAND

The Students' Allowances (Scotland) Amendment Regulations 1988

The Secretary of State, in exercise of the powers conferred on him by sections 73(f) and 74(1) of the Education (Scotland) Act 1980^[1]and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.    — (1)These Regulations may be cited as the Students' Allowances (Scotland) Amendment Regulations 1988 and shall come into force on 1st September 1988.

    (2)  In these Regulations, a reference to "the principal Regulations" is a reference to the Students' Allowances (Scotland) Regulations 1987^[2].

Amendments to principal Regulations
    2.    In regulation 2(1) of the principal Regulations, the definition of "vocational training establishment" shall be deleted.

    3.    In regulation 2 of the principal Regulations, for paragraph (4) there shall be substituted the following paragraph:—
"  (4)  In these Regulations any reference to a person who is "ordinarily resident in Scotland on the qualifying day" includes a person who the Secretary of State is satisfied was not so resident only because he, his spouse, or his parent was for the time being—
(a) employed outside Scotland; or

(b) attending a course of study or undertaking postgraduate research outside Scotland." .

    4.    In regulation 2(5) of the principal Regulations, for the word "being" where it first appears there shall be substituted the words "who has been".

    5.    In regulation 2(5)(a) of the principal Regulations, for the words from the beginning to "and either" there shall be substituted the words "a person as to whom the Secretary of State is satisfied that he was born and spent the greater part of his life in the British Islands or, as the case may be, the European Community and that either".

    6.    In regulation 2(5)(b) of the principal Regulations, for the words "whom the Secretary of State is satisfied to have been" there shall be substituted the words "who the Secretary of State is satisfied was".

    7.    In regulation 2 of the principal Regulations, there shall be inserted after paragraph (5) the following paragraph:—
"  (5A)  In these Regulations, where any reference is made to a person who has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the European Community, the words "European Community" shall fall to be treated as the territory comprising—
(a) the European Community, and

(b) as regards any period prior to their accession to that Community, the Kingdom of Spain and the Portuguese Republic." .

    8.    In regulation 2(6) of the principal Regulations—
 (a) in sub-paragraph (a), for the words "Training Opportunities Programme, Youth Opportunities Programme, or Youth Training Scheme" there shall be substituted the words "or Training Commission's training programmes and schemes from time to time in operation";
 (b) for sub-paragraph (e) there shall be substituted the following sub-paragraph:—
"(e) on and after 18th October 1982^[3]but before 11th April 1988(^[4]), he was for the purposes of section 5(1) of the Supplementary Benefits Act 1976^[5] available for employment and, where applicable, also registered for employment; or" ;

 (c) after sub-paragraph (e) there shall be inserted the following sub-paragraph:—
"(ee) on and after 11th April 1988, he was for the purposes of section 20(3)(d)(i) and 20(4) of the Social Security Act 1986^[6]available for employment and, where applicable, also registered for employment; or" .

 (d) for the words from "person registered or available for employment" to "the Social Security Act 1975" there shall be substituted the words "provision contained in the Social Security Act 1975^[7]or Social Security Act 1986".

    9.    In regulation 5 of the principal Regulations—
 (a) for paragraph (b) there shall be substituted the following paragraph:—
"(b) 
(i) he is entitled to equality of treatment in relation to the payment of an allowance for the course in respect of which he seeks the allowance by virtue of Article 7 or 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community^[8]; and

(ii) he has been ordinarily resident throughout the period of 3 years immediately preceding the relevant date in the European Community, provided that the Secretary of State is 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; or" ;

 (b) paragraph (c) shall be deleted; and
 (c) in paragraph (e) the words "(the Kingdom of Spain and the Portuguese Republic being deemed for the purposes of this paragraph to have been member states of the European Community from 1st September 1983)" shall be deleted.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

8th August 1988

These Regulations amend the Students' Allowances (Scotland) Regulations 1987 to alter provisions relating to the eligibility of nationals of member states of the European Community. They remove conditions which provided for a minimum period of employment in the United Kingdom. Nationals of other member states of the European Community will be eligible for allowances where they fall to be treated as workers for the purposes of Article 7 of Council Regulation 1612/68 on freedom of movement for workers within the community and are therefore entitled to equality of treatment with United Kingdom Nationals, provided that other conditions as to ordinary residence in the European Community are satisfied. Children of such nationals of other member states will similarly be eligible by virtue of Article 12 of Council Regulation 1612/68 where their parent is or has been a worker in the United Kingdom.

The Regulations also make minor amendments, of a consequential or drafting nature, to the provisions of the 1987 Regulations defining "ordinary residence", and clarify the meaning of "European Community". They update the provisions defining "independent student" to take account of changes in training provision and social security legislation.

[1] 1980 c. 44 back

[2] S.I. 1987/864 back

[3] On that date section 38 of the Social Security and Housing Benefits Act 1982 (c. 24), which made relevant amendments to the Supplementary Benefits Act 1976, came into force by virtue of S.I. 1982/893 back

[4] On that date the relevant parts of section 20 of the Social Security Act 1986 (c. 50) came into force by virtue of S.I. 1987/1853 back

[5] 1976 c. 71 back

[6] 1986 c. 50 back

[7] 1975 c. 14 back

[8] O.J. No. L257, 19.10.68, p.2 (O.J./S.E. 1968 (II), p.475). back