Statutory Instrument 1999 No. 1001 (S. 71)

The Education (Student Loans) (Scotland) Regulations 1999

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© Crown Copyright 1999

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"disability related benefit" means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992([2] or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987([3]

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992([4] as adjusted by the Protocol signed at Brussels on 17th March 1993([5]

"EEA migrant worker" has the meaning assigned to it in paragraph (5);

"eligible student" means a person whom the Secretary of State has determined is eligible for a loan in connection with his attendance at a course in accordance with regulation 6 or 7;

"European Community" means the territory comprised by the Member States of the European Community as constituted from time to time;

"European Economic Area" means the European Community and, subject to the conditions laid down in the EEA Agreement, the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

"high cost country" means Australia, Austria, Belgium, Finland, France, Germany, Iceland, Indonesia, Eire, Israel, Italy, Luxembourg, the Netherlands, New Zealand, countries of the former Soviet Union, United States of America;

"higher cost country" means Denmark, Hong Kong, Japan, Republic of Korea, Norway, Sweden, Switzerland, Taiwan;

"the Islands" means the Channel Islands and the Isle of Man;

"loan" means a loan towards a student's maintenance under the Act, including the interest accrued on the loan and any penalties or charges made in connection with it;

"Metropolitan Police District" means the areas referred to in section 76 of the London Government Act 1963([6] disregarding any amendment after these Regulations are made;

"period", in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st July, or 1st August to 31st December;

"periods of work experience" has the meaning given it in regulation 5(4);

"refugee" means 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([7] as extended by the Protocol thereto which entered into force on 4th October 1967([8] and any reference to the child of a refugee includes a reference to a step-child;

"relevant date", in relation to a course, means-

(a) as respects a course starting in the period 1st August to 31st December, 1st August;

(b) as respects a course starting in the period 1st January to 31st March, 1st January;

(c) as respects a course starting in the period 1st April to 30th June, 1st April; and

(d) as respects a course starting in the period 1st July to 31st July, 1st July,

in each case the relevant date being in the year of commencement of the appropriate academic year of the course;

"responsible person" means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer;

"sandwich course" has the meaning given it in regulation 5(3);

"student loan account number" means the account number assigned by the lender to a loan made under the Act, the Education (Student Loans) Act 1990([9] the Education (Student Loans) (Northern Ireland) Order 1990([10] the Teaching and Higher Education Act 1998([11] or the Education (Student Support) (Northern Ireland) Order 1998([12]

"the 1998 Regulations" means the Education (Student Loans) (Scotland) Regulations 1998([13]

    (2) For the purposes of these Regulations a person who is resident in Scotland, England, Northern Ireland, Wales, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of attending-

(a) his present course; or

(b) a previous designated course which (disregarding any intervening vacation) he was attending immediately before commencing his present course,

shall be considered to be ordinarily resident in the place from which he moved.

    (3) For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971([14] for the purposes of these Regulations, a person shall be treated as ordinarily resident in Scotland, in the United Kingdom, in the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was, temporarily employed outside Scotland, the United Kingdom, the United Kingdom and Islands or, as the case may be, outside the European Economic Area and paragraph 7(c) of Schedule 1 shall not apply in the case of such a person.

    (4) For the purposes of the Regulations an area which-

(a) was previously not part of the European Community or the European Economic Area, but

(b) at any time before or after these Regulations come into force has become part of one or other or both of those areas,

shall be considered to have always been part of the European Community or the European Economic Area, as appropriate.

    (5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a Member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom-

(a) under Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community([15] as extended by the EEA Agreement; or

(b) in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of the above mentioned Council Regulation.

Revocations and transitional provisions
     3.  - (1) The 1998 Regulations shall be revoked on 1st August 1999.

    (2) The 1998 Regulations shall apply to the making of loans to students in relation to an academic year which begins before 1st August 1999, and these Regulations shall apply in relation to the making of loans to students in relation to an academic year which begins on or after 1st August 1999, whether anything done under either Regulations is done before or after 1st August 1999.

    (3) Accordingly the revocation of the 1998 Regulations shall not affect their continued operation after 1st August 1999 for the purpose of making loans as aforesaid.

    (4) Notwithstanding any other provision of these Regulations where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he shall, provided he satisfies the conditions for eligibility in these Regulations, be eligible for a loan under these Regulations in connection with his attendance at the course, or any subsequent designated course which (disregarding any intervening vacation) he starts attending immediately after ceasing to attend that course, calculated in accordance with Part III.

    (5) Regulations 11 to 14 of the 1998 Regulations shall apply to loans made under the 1998 Regulations until 1st August 1999, and regulation 9 and Part V of these Regulations shall apply to such loans and to loans made under these Regulations on and after 1st August 1999.

(a) he is a person mentioned in Schedule 1;

(b) he is-


(i) under the age of 50 on the first day of the first academic year of the course, or

(ii) aged 50 or over and under the age of 55 on that day and the Secretary of State is satisfied that he intends to enter employment after he has completed the course;



(c) he is not eligible for a loan in relation to an academic year of the course under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998 or the Education (Student Support) (Northern Ireland) Order 1998, and regulations made thereunder;

(d) he is not eligible to receive in relation to the academic year-



(i) a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968([16] the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992([17]



(e) he is not in breach of any obligation to repay any loan; and

(f) subject to paragraph (5), he has ratified any agreement for a loan made with him when he was under the age of 18.

    (3) Notwithstanding that he satisfies the requirements specified in paragraph (2) a person shall not be eligible for a loan if he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive a loan.

    (4) For the purposes of paragraph (2)(e) and (f) "loan" means a loan made under the Act, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998 or the Education (Student Support) (Northern Ireland) Order 1998 and under any regulations made thereunder.

    (5) Paragraph (2)(f) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made-

(a) before 25th September 1991; and

(b) with the concurrence of the student's curator, or at a time when he had no curator.

Designated courses
     5.  - (1) A course shall be designated for the purposes of regulation 4(2) if it is-

(a) mentioned in Schedule 2;

(b) a full-time course within the meaning of paragraph (2);

(c) of at least one academic year's duration; and

(d) wholly provided by an educational institution or institutions in the United Kingdom maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

    (2) A full-time course is either a sandwich course or a course-

(a) which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)-


(i) in the case of a course of one academic year's duration, for a period of at least 24 weeks; and

(ii) in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and



(b) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year.

    (3) For the purposes of these Regulations a sandwich course is a course, other than a course for the initial training of teachers referred to in paragraph 4 of Schedule 2, consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.

    (4) For the purposes of these Regulations "periods of work experience" means-

(a) periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outwith the institution; and

(b) in the case of a course which includes the study of one or more modern languages for not less than one half of the time spent studying on the course, and which includes periods of residence in a country whose language is a language of the course, such periods of residence during which the student is employed.

    (5) For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered into an agreement with the student to provide the course.

    (6) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college of a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.

    (7) For the purposes of paragraph (1) an institution shall not be regarded as maintained or assisted by recurrent grants out of public funds by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992([18]

    (8) For the purposes of these Regulations a course, the standard of which is not higher than a first degree course, which leads to a qualification as a medical doctor, a dentist, a veterinary surgeon, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner, shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.

    (9) For the purposes of regulation 4(2) the Secretary of State may designate courses of higher education which are not designated under paragraph (1).

Applications for loans
     6.  - (1) A student shall apply for a loan, not exceeding the maximum amount applicable in his case, in connection with his attendance on a course by completing and submitting to the Secretary of State an application in such form as the Secretary of State may require.

    (2) The completed application shall include such information as the Secretary of State requires, including the following particulars-

(a) the student's United Kingdom national insurance number, unless he does not have one;

(b) the student's most recent student loan account number, if any; and

(c) the names, addresses and telephone numbers of two persons who know the student.

    (3) The completed application shall also include a declaration signed by the student that-

(a) the particulars given in the form are correct to the best of his knowledge and belief;

(b) he will notify the Secretary of State of any change in them which might affect his eligibility for a loan; and

(c) he will, if required to do so, repay to the Secretary of State-


(i) any amount paid to him which exceeds for whatever reason the amount of loan to which he is entitled under these Regulations, and

(ii) any amount lent to him, together with interest and applicable charges and penalties, in accordance with the Act and Regulations made thereunder from time to time.

    (4) The application form must reach the Secretary of State not later than one month before the end of the academic year of the course for which the loan is sought unless the Secretary of State considers that, having regard to the circumstances of the particular case, the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as he specifies.

    (5) A student shall demonstrate his eligibility for a loan by providing such evidence as the Secretary of State may require.

    (6) Without restricting the generality of paragraph (5) a student shall produce-

(a) if he was born in the United Kingdom, a certificate issued by the appropriate Secretary of State showing the place and date of his birth;

(b) if he was born outside the United Kingdom, a valid passport, unless he is a refugee or does not hold one, and in any event a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his full name on birth.

    (7) The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether the student is eligible for a loan.

    (8) If the Secretary of State considers that a student is eligible for a loan he shall notify him of that fact, and thenceforth the student shall be an "eligible student" for the purposes of these Regulations.

    (9) In any case where-

(a) the Secretary of State determines that the maximum amount of loan which has been notified to an eligible student in relation to an academic year should be increased (including an increase from nil), as a result of a reassessment of the student's contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount does not result from the eligible student-


(i) failing to provide information promptly which might affect his eligibility for a loan or the amount of loan for which he is eligible, or

(ii) providing information which is inaccurate in any material particular,



the eligible student may apply to borrow an additional amount which when added to the amount already applied for shall not exceed the increased maximum.

    (10) An application under paragraph (9) shall be made by completing and submitting to the Secretary of State an application in such form as he may require not later than one month before the end of the academic year or one month after he received notice of the increased maximum amount, whichever is the later, and shall contain a declaration signed by the eligible student in the terms set out in paragraph (3).

    (11) Where an eligible student who has received at least one instalment of his loan has not applied for the maximum amount of loan to which he is entitled in relation to the academic year under the preceding paragraphs he may apply to borrow an additional amount once only under this paragraph, which when added to the amount already applied for shall not exceed the relevant maximum applicable in his case.

    (12) An application under paragraph (11) shall be made by completing and submitting to the Secretary of State an application in such form as he may require not later than one month before the end of the academic year and shall contain a declaration signed by the student in the terms set out in paragraph (3).

Transfers of eligibility
     7.  - (1) An eligible student may request that the Secretary of State transfer his eligibility in any case where-

(a) on the recommendation of the academic authority the eligible student starts to attend another course at the institution;

(b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible student starts to attend a course at another institution;

(c) after commencing a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;

(d) after commencing a course for the degree (other than an honours degree) of Bachelor of Education the eligible student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or

(e) after commencing a course for a first degree (other than an honours degree) the eligible student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.

    (2) Subject to paragraph (3) the Secretary of State, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated course, shall transfer the eligible student's eligibility, and thenceforth the eligible student shall for all purposes be an eligible student in connection with his attendance at the second course, whether or not he might have been eligible for a loan if he had applied under regulation 6.

    (3) The Secretary of State may, after consulting the academic authority concerned, refuse to transfer eligibility where paragraph (1)(a) or (b) apply if he is satisfied that when the student applied for a loan he did not intend to complete the course to which his application related.

    (4) For the purposes of the duty of the Secretary of State to transfer eligibility where paragraph (1)(c) or (d) apply it shall be immaterial whether or not the two courses are provided by the same institution.

    (5) An eligible student's eligibility for a loan may not be transferred after it has expired or been terminated under regulation 8.

Termination of eligibility
     8.  - (1) Subject to paragraph (2) an eligible student shall cease to be eligible for a loan on the expiry of the period ordinarily required for the completion of the course, and accordingly he shall then cease to be an "eligible student".

    (2) The Secretary of State may before or after an eligible student ceases to be an eligible student under paragraph (1) determine that he shall continue to be eligible for a loan for such further period after the expiry of the period referred to in that paragraph as he specifies, and accordingly he shall be, or be considered to have been, an "eligible student" throughout that period until its expiry.

    (3) Where an eligible student has withdrawn from a course in circumstances where the Secretary of State has not transferred or will not transfer his eligibility to another course under regulation 7, or has abandoned or been expelled from his course, the Secretary of State shall determine that he is no longer eligible for a loan, and on such determination he shall then cease to be an "eligible student".

    (4) Where an eligible student has shown himself by his conduct to be unfitted to receive a loan the Secretary of State may determine that he is no longer eligible for a loan, and on such determination he shall then cease to be an "eligible student".

Information
     9.  - (1) Every applicant and every eligible student shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as he considers necessary for the exercise of his functions under these Regulations.

    (2) Every applicant and every eligible student shall forthwith inform the Secretary of State if any of the following occurs, and provide him with particulars-

(a) he withdraws from, abandons or is expelled from his course;

(b) he transfers to another course, at the same or a different institution, whether or not the new course is a designated course;

(c) he ceases to attend his course and does not intend to, or is not permitted to, return for the remainder of the academic year;

(d) he is absent from his course for more than 60 days due to illness, or is absent from his course for any period for any other reason;

(e) the month for the start or completion of the course changes;

(f) his home or term time address or telephone number changes.

    (3) If the Secretary of State is satisfied that an eligible student has wilfully failed to comply with any requirement to provide information, or has provided information that the student knows to be false in a material particular, or has recklessly provided information which is false in a material particular, he may determine that the student shall-

(a) no longer be eligible for any loan, or

(b) not be eligible for such a particular loan or particular amount of loan as he considers appropriate in the circumstances.

(a) eligible to receive a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968, the amount of which is calculated by reference to his income;

(b) eligible to receive a maintenance award under the Students' Allowances (Scotland) Regulations 1996([19] in relation to his attendance on a course leading to a qualification that is appropriate for entry into one of the health care professions other than as a medical doctor or dentist; or

(c) undertaking a sandwich course and in respect of that academic year the periods of full-time study are in aggregate less than 10 weeks and the periods of work experience in that academic year are not-


(i) unpaid service in a hospital or in a public health service laboratory in the United Kingdom;

(ii) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(iii) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(iv) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as a necessary part of his course, in an overseas institution; or

(v) unpaid service with-


(a) a Health Authority established pursuant to section 8 of the National Health Service Act 1977([20] or a Special Health Authority established pursuant to section 11 of that Act([21]

(b) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978([22] or

(c) a health and social services board established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972([23]



for the amounts referred to in paragraphs (1) and (2) and specified in column one below there shall be substituted the corresponding amounts specified in column two below,



One	Two
£2,875	£1,360
£4,480	£2,200
£3,635	£1,780
£2,510	£995
£3,885	£1,605
£3,150	£1,295

Means test
     11.  - (1) In determining the amount of a loan payable under these Regulations, the Secretary of State shall take account of the sums, if any, which-

(a) in accordance with principles determined by him from time to time; and

(b) after having regard to any sums taken into account under regulation 4(3) of the Students' Allowances (Scotland) Regulations 1996 in determining the amount of an allowance payable to the eligible student under those Regulations,

the eligible student, the eligible student's parents and the eligible student's spouse can reasonably be expected to contribute towards the eligible student's expenses.

    (2) For the purpose of the exercise of his functions under this regulation the Secretary of State may require an eligible student to provide from time to time such information as the Secretary of State considers necessary as to the income of any person whose means are relevant to the assessment of a contribution under this regulation.

Hardship loans
     12.  - (1) An eligible student who has applied for the maximum amount of loan in respect of an academic year and has received at least one instalment of that loan may apply once only for an additional loan on grounds of hardship, which shall be known as a "hardship loan".

    (2) A hardship loan shall be not less than £100 and not more than £250, and shall be a multiple of £25.

    (3) An eligible student shall demonstrate hardship by providing such evidence of his requirements and resources as the Secretary of State may require.

    (4) On being satisfied that due to exceptional financial hardship the student may not be able to continue to attend his course for the remaining part of the academic year the Secretary of State shall determine the amount of hardship loan which he considers the student requires, and the student shall be eligible for a hardship loan of that amount.

    (5) A student who is eligible for a hardship loan shall apply for a loan not greater than the amount determined by the Secretary of State in accordance with the provisions of paragraph (4) by completing and submitting to the Secretary of State an application in such form as he may require not later than one month after the date he receives notice of the determination under paragraph (4) and one month before the end of the academic year.

    (6) The student shall sign a declaration on the application form in the terms set out in regulation 6(3).

Overpayments
     14.  - (1) Any overpayment of a loan in respect of any academic year may be recovered by the Secretary of State in exercise of his power under section 73B of the Act([24] if, in his opinion-

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility for a loan or the amount of loan for which he is eligible, or

(b) any information which he has provided is inaccurate in a material particular,

but otherwise it shall be treated as a loan properly made under these Regulations which shall be repayable in accordance with the Act and Regulations made under it.

    (2) Where an overpayment of loan is treated as a loan properly made by virtue of paragraph (1) the Secretary of State may subtract the overpayment from the amount of loan for which the student is eligible in respect of any other academic year.

    (3) Where an overpayment of loan is recoverable in accordance with paragraph (1) it shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances-

(a) by subtracting the overpayment from the amount of loan for which the student is eligible in respect of any other academic year;

(b) by subtracting the overpayment from any grant for which the student is eligible, under the Students' Allowance (Scotland) Regulations 1996 or otherwise, in respect of the academic year in question, or if necessary from any such grant for which he is eligible in respect of any other academic year;

(c) by taking such other action for the recovery of a payment made without statutory authority as is available to him.

    (4) For the purposes of paragraph (3) "loan" has the meaning given it in regulation 4(4).

Insolvency
     17.  - (1) In England and Wales there shall not be treated as part of a bankrupt's estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986([27] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.

    (2) In Scotland, where after the date of sequestration of an eligible student's estate, he receives, or is entitled to receive, sums by way of loan-

(a) the sheriff shall not, in fixing an amount under subsection (2) of section 32 of the Bankruptcy (Scotland) Act 1985([28] treat the sums as income of the eligible student;

(b) for the purpose of subsection (6) of that section the sums shall not be treated as estate vesting in, or requiring to be conveyed or delivered to, the eligible student's permanent trustee; and

(c) any debt or liability to which the eligible student is, or may become, subject in respect of the sums shall not be treated as a debt or liability-


(i) for the purposes of the sequestration (or of any offer of composition to the permanent trustee); or

(ii) from which the eligible student is discharged on the expiry of a period after the date of sequestration, under or by virtue of section 54 or 75(4) of that Act (or on an order being made under paragraph 11 of Schedule 4 to that Act as respects him and the permanent trustee).

    (3) In Northern Ireland there shall not be treated as part of a bankrupt's estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989([29] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.


Helen Liddell
Minister of State, Scottish Office

St Andrew's House, Edinburgh
23rd March 1999

(a) is entitled to a loan by virtue of Article 7(2) or (3) of Council Regulation (EEC) No.1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement([30] or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another Member State in relation to matters which are the subject of Article 7(2) and (3); and

(b) meets the residence conditions referred to in paragraph 7.

     5. A person who is the spouse of an EEA migrant worker and who-

(a) is installed in the United Kingdom with his spouse; and

(b) meets the residence conditions referred to in paragraph 7.

     6.  - (1) A person who is the child of an EEA migrant worker and who-

(a) is entitled to support by virtue of Article 12 of the above mentioned Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another Member State in relation to matters which are the subject of Article 12; and

(b) meets the residence conditions referred to in paragraph 7.

    (2) For the purposes of this paragraph "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and "child" shall be construed accordingly.

     7. The residence conditions referred to above are that-

(a) the person is ordinarily resident in Scotland on the first day of the first academic year of the course;

(b) the person has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and Islands, or, in the case of a person mentioned in paragraphs 4, 5 or 6, in the European Economic Area; and

(c) his residence in the United Kingdom and Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.

[2] 1992 c.4, amended by the Social Security (Incapacity for Work) Act 1994 (c.18), sections 1 to 3, 5 to 6, 8 to 11 and Schedules 1 and 2.back

[3] S.I. 1987/1967 (see Parts III and IV of Schedule 2); the relevant amending regulations are S.I. 1988/663, 1988/2022, 1989/1678, 1991/1559, 1991/2742, 1993/1150, 1993/2119, 1994/2139, 1994/3061, 1995/203, 1995/482, 1995/516.back

[4] Cmnd.2073.back

[5] Cmnd.2183.back

[6] 1963 c.33; section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), article 11.back

[7] Cmnd.9171.back

[8] Cmnd.3906 (Out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Employment, Mowden Hall, Staindrop Road, Darlington DL3 9BG or the Student Awards Agency for Scotland, Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh EH12 9HH).back

[9] 1990 c.6, amended by the Further and Higher Education Act 1992 (c.13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c.37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c.30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c.9), section 1(1) and the Schedule; by the Education Act 1996 (c.56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c.1), sections 1 to 3.back

[10] S.I. 1990/1506 (N.I.11).back

[11] 1998 c.30.back

[12] S.I. 1998/1760 (N.I.14).back

[13] S.I. 1998/2026.back

[14] 1971 c.77; amended by the British Nationality Act 1981 (c.61), section 39 and Schedule 4, the Immigration Act 1988 (c.14), sections 1, 3, 4, 6 and 10 and the Schedule and the Asylum and Immigration Appeals Act 1993 (c.23), sections 10 to 12.back

[15] OJ No.L257, 19.10.68, p.2 (OJ/SE 1968 (II), p.475).back

[16] 1968 c.46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c.32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c.49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c.29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c.53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c.51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 6(1), the Health and Medicines Act 1988 (c.49), section 20, section 25(2) and Schedule 3, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) Consequential Amendments) (No.2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraph 1(4).back

[17] S.I. 1992/580.back

[18] 1992 c.13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act 1998 (c.30).back

[19] S.I. 1996/1754, amended by S.I. 1997/1049.back

[20] 1977 c.49; section 8 was substituted by the Health Authorities Act 1995 (c.17), section 1(1).back

[21] Section 11 was amended by the Health Services Act 1980 (c.53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c.19), Schedule 10 and the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 2.back

[22] 1978 c.29; section 2 was amended by the Health and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c.19), section 28 and Schedule 9, paragraph 19(1).back

[23] S.I. 1972/1265 (N.I 14).back

[24] 1980 c.44; section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 (c.30).back

[25] S.I. 1980/51, amended by S.I. 1985/1192, 1989/596.back

[26] 1974 c.39.back

[27] 1986 c.45; section 310 was amended by the Pensions Act 1995 (c.26).back

[28] 1985 c.66; section 32 was amended by the Child Support Act 1991 (c.48), Schedule 5, paragraph 6, and the Pensions Act 1995 (c.26), Schedule 3, paragraph 15.back

[29] S.I. 1989/2405 (N.I. 19).back

[30] OJ No. L257, 19.10.68, p.2 (OJ/SE 1968(II) p.475).back