The Student Support (Scotland) Regulations 2022

• (4) Where the Scottish Ministers are satisfied that there has been an overpayment of education maintenance allowance for any reason and request repayment of the overpayment or any part of that as they think fit, the holder of the education maintenance allowance is obliged to pay to the Scottish Ministers the amount requested.

PART 7 — Revocations

32

The regulations listed in schedule 5 are revoked.

SCHEDULE 1 — PERSONS ELIGIBLE FOR STUDENT SUPPORT

PART 1 — PERSONS ELIGIBLE FOR TUITION FEE AND LIVING COST SUPPORT

Persons who are settled in the United Kingdom or have long residence

1

A person who on the relevant date—

• (a) is ordinarily resident in Scotland,

• (b) has been ordinarily resident in the United Kingdom and Islands throughout the immediately preceding 3 year period, and

• (c) is—

• (i) settled in the United Kingdom within the meaning given by section 33(2A) (interpretation) of the Immigration Act 1971²⁵,

• (ii) a person (other than a person who has applied for refugee status) who has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that they have been granted leave to enter or remain in the United Kingdom and whose leave has not expired, or

• (iii) the spouse, civil partner or child of a person described in heads (i) or (ii).

EU nationals etc. with protected rights who have been living in the UK and Islands for three years

2

• (1) A person with protected rights who—

• (a) is an EU national or the family member of an EU national,

• (b) has been ordinarily resident in the United Kingdom and Islands throughout the period of 3 years immediately preceding the relevant date, and

• (c) is ordinarily resident in Scotland on the relevant date.

• (2) For the purposes of this paragraph—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in sub-paragraph (1)(a), the reference to a “family member of an EU national” is to be read as if a relevant person of Northern Ireland were included in the definition of “EU national” in regulation 2(1) (interpretation).

• (3) Where a person eligible under this paragraph is seeking a loan under regulation 11 (students eligible for student loans) in respect of a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or a research course leading to a postgraduate masters degree, at an establishment in Scotland—

• (a) the requirement in sub-paragraph (1)(b) is to be read as a requirement to have been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area or Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (b) the requirement in sub-paragraph (1)(c) to be ordinarily resident in Scotland on the relevant date does not apply.

Irish nationals who are settled in the United Kingdom

3

A person who—

• (a) is an Irish national,

• (b) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

• (c) is ordinarily resident in Scotland on the relevant date, and

• (d) has been ordinarily resident in the United Kingdom, Islands or Ireland throughout the period of three years immediately preceding the relevant date.

Family members of a relevant person of Northern Ireland

4

A person who—

• (a) is a family member of a relevant person of Northern Ireland as defined in paragraph (b) of the definition of “person with protected rights”,

• (b) is ordinarily resident in Scotland on the relevant date, and

• (c) has been ordinarily resident in the United Kingdom, Islands or Ireland throughout the period of three years immediately preceding the relevant date.

Workers, employed persons, self-employed persons and their family members

5

• (1) A person with protected rights or a qualifying frontier worker who—

• (a) is—

• (i) an EEA migrant worker or an EEA self-employed person,

• (ii) a Swiss employed person or a Swiss self-employed person,

• (iii) a family member of a person mentioned in sub-head (i) or (ii),

• (iv) an EEA frontier worker or an EEA frontier self-employed person,

• (v) a Swiss frontier employed person or a Swiss frontier self-employed person, or

• (vi) a family member of a person mentioned in sub-head (iv) or (v),

• (b) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (c) subject to sub-paragraph (3), is ordinarily resident in Scotland on the relevant date.

• (2) In sub-paragraph (1), a “qualifying frontier worker” means a frontier worker within the meaning of regulation 3 (meaning of frontier worker) of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020²⁶ who has a right of admission to the United Kingdom under regulation 6 (right of admission) of those Regulations.

• (3) Sub-paragraph (1)(c) does not apply where the person applying for support falls within sub-paragraph (1)(a)(iv), (v) or (vi).

• (4) In this paragraph, any description of a person in sub-paragraph (1)(a)(i) and (iv) is to be read as if a relevant person of Northern Ireland were included in the definition of “EEA national” in regulation 2, and sub-paragraph (1)(a)(iii) and (vi) are to be construed accordingly.

Workers who benefitted from the Freedom of Movement for Workers Regulation—

6

A person with protected rights who—

• (a) is or was entitled to support by virtue of Article 10 of Regulation (EU) No. 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union²⁷, as extended by the EEA agreement,

• (b) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (c) is ordinarily resident in Scotland on the relevant date.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

7

• (1) A person who—

• (a) is settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 on the relevant date,

• (b) was ordinarily resident in Scotland for at least 3 continuous years and settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom and who has utilised a right of residence before IP completion day,

• (c) was ordinarily resident on IP completion day in—

• (i) Gibraltar or the territory comprising the European Economic Area and Switzerland, or

• (ii) the United Kingdom or Islands, immediately following a period of ordinary residence in Gibraltar or the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland from IP completion day to the relevant date,

• (d) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or the territory comprising the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (e) is undertaking a course for which the relevant date is earlier than 31 July 2028.

• (2) For the purposes of this paragraph, a person has utilised a right of residence if that person—

• (a) is—

• (i) a United Kingdom national,

• (ii) a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding provisions under the EEA agreement or the Switzerland Agreement)), or

• (iii) a person who had a right of permanent residence arising under Directive 2004/38, and

• (b) either—

• (i) has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA agreement or the Switzerland Agreement in a state other than the United Kingdom, or

• (ii) in the case of a person who had a right of permanent residence in the United Kingdom arising under Directive 2004/38, has gone to the state within the territory comprising the European Economic Area and Switzerland of which that person is a national or of which the person in relation to whom that person is a family member is a national.

• (3) Sub-paragraph (1)(a) and the requirement in sub-paragraph (1)(b) to be settled in the United Kingdom within the meaning given by section 33(2A) of the Immigration Act 1971 immediately before leaving the United Kingdom do not apply where the person applying for support is a person falling within sub-paragraph (2)(a)(ii) and is accompanying or joining that United Kingdom national in the United Kingdom.

Refugees

8

A person who at the date that the Scottish Ministers received their application for student support—

• (a) is a refugee who has been ordinarily resident in the United Kingdom and Islands since that person was first recognised as a refugee, and is resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of such a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Persons granted leave following on from refugee claim

9

A person who—

• (a)

• (i) has applied for refugee status but has as a result of that application been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom and that person has been granted leave to enter or remain accordingly,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such leave to enter or remain, and

• (iii) is ... resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person of the kind described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Iraqi nationals

10

A person who—

• (a)

• (i) is an Iraqi national who has been granted indefinite leave to enter the United Kingdom under the Locally Engaged Staff Assistance Scheme (Direct Entry) operated by the Home Office,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such indefinite leave to enter the United Kingdom, and

• (iii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Syrian nationals

11

A person who—

• (a)

• (i) is a Syrian national who has been granted humanitarian protection to enter the United Kingdom under the Syrian Vulnerable Persons Relocation Scheme operated by the Home Department,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such humanitarian protection to enter the United Kingdom, and

• (iii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Afghan nationals

12

A person who—

• (a)

• (i) is an Afghan national who has been granted limited leave to remain in the United Kingdom under the Locally Employed Staff Ex-Gratia Scheme²⁸ operated by the Home Department,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such limited leave to remain in the United Kingdom, and

• (iii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Relocated Afghan citizens

13

A person who—

• (a)

• (i) has been granted leave under the Afghan Citizens Resettlement Scheme²⁹ or granted leave under the Afghan Relocations and Assistance Policy Scheme,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such leave, and

• (iii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Ukrainian nationals

14

• (1) A person who—

• (a)

• (i) has made a relevant application to the United Kingdom Home Office where that relevant application is still being considered, or

• (ii) has been granted leave to remain following a relevant application, and

• (b) has been ordinarily resident in the United Kingdom and Islands since their arrival in the United Kingdom after leaving Ukraine, and

• (c) is ordinarily resident in Scotland on the relevant date.

• (2) In this paragraph, a ‘relevant application’ is an application to—

• (a) the Ukraine Family Scheme,

• (b) the Homes for Ukraine Sponsorship Scheme,

• (c) the Ukraine Extension Scheme,

• (d) the Ukraine Permission Extension Scheme, or

• (e) the United Kingdom Home Office for leave outside the immigration rules, as defined in section 33(1) of the Immigration Act 1971, where a person—

• (i) was residing in Ukraine immediately before 1 January 2022, and

• (ii) left Ukraine in connection with the Russian invasion which took place on 24 February 2022

by an individual who is eligible to apply for that scheme.

Persons granted stateless leave

15

A person who—

• (a)

• (i) has been granted limited leave to remain in the United Kingdom as a stateless person under the immigration rules operated by the Home Office,

• (ii) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted that leave, and

• (iii) is ordinarily resident in Scotland on the relevant date, or

• (b) is the spouse, civil partner or child of a person described in sub-paragraph (a) and who is ordinarily resident in Scotland on the relevant date.

Persons granted discretionary leave to remain as a victim of modern slavery

16

• (1) A person who—

• (a) has been granted discretionary leave to remain in the United Kingdom due to being identified as a victim of modern slavery,

• (b) has been ordinarily resident in the United Kingdom and Islands ... since that person was first granted such discretionary leave to remain in the United Kingdom, and

• (c) is ordinarily resident in Scotland on the relevant date.

• (2) For the purposes of this paragraph, “modern slavery” includes human trafficking, slavery, servitude and forced or compulsory labour.

Persons granted indefinite leave to remain as a victim of domestic violence or domestic abuse

17

A person who—

• (a) has been granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—

• (i) paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse, or

• (ii) where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victim of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces),

• (b) has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, and

• (c) is ordinarily resident in Scotland on the relevant date.

Persons granted Calais leave

18

A person who—

• (a) has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971,

• (b) has been ordinarily resident in the United Kingdom and Islands since that person was first granted such leave, and

• (c) is ordinarily resident in Scotland on the relevant date.

Children of Swiss nationals

19

A person with protected rights who—

• (a) is the child of a Swiss national,

• (b) is entitled to support in the United Kingdom by virtue of Article 18(2) (related rights) of the Swiss citizens’ rights agreement,

• (c) is ordinarily resident in Scotland on the relevant date,

• (d) has been ordinarily resident in the United Kingdom, Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date.

Children of Turkish workers

20

• (1) A person who—

• (a) is the child of a Turkish worker (“T”), where T was ordinarily resident in the United Kingdom immediately before IP completion day,

• (b) was ordinarily resident in the United Kingdom immediately before IP completion day,

• (c) is ordinarily resident in Scotland on the relevant date, and

• (d) has been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area, Switzerland and Turkey throughout the period of 3 years preceding the relevant date.

• (2) In this paragraph “Turkish worker” means a Turkish national who—

• (a) is ordinarily resident in Scotland, and

• (b) is, or has been, lawfully employed in the United Kingdom.

PART 2 — PERSONS ELIGIBLE FOR TUITION FEE SUPPORT ONLY

EU nationals etc with protected rights who have not been living in the UK and Islands for 3 years

21

A person with protected rights who—

• (a) is either an EU national or the family member of an EU national,

• (ab) has not been ordinarily resident in the United Kingdom for the period of 3 years immediately preceding the relevant date,

• (b) seeks support in respect of a course of education at an establishment in Scotland, and

• (c) is ordinarily resident in the United Kingdom and Islands on the relevant date.

Persons who are children of asylum seekers or young asylum seekers

22

• (1) A person who—

• (a) is the child of an asylum seeker or is a young asylum seeker,

• (b) is resident in Scotland on the relevant date,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) was under 18 years old on the date when the application for asylum was made, ... and

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) seeks an allowance in respect of a course of education at an establishment of Scotland.

• (2) In this paragraph “young asylum seeker” means an unaccompanied asylum-seeker under the age of 18.

SCHEDULE 2 — PERSONS ELIGIBLE FOR TUITION FEE LOAN ONLY

United Kingdom nationals formerly resident in the EEA and Switzerland

1

• (1) A person who—

• (a) is—

• (i) a United Kingdom national, or

• (ii) a family member of a UK national,

• (b) was ordinarily resident on IP completion day—

• (i) in the territory comprising the European Economic Area and Switzerland, or

• (ii) in the United Kingdom and Islands, immediately following a period of ordinary residence in the territory comprising the European Economic Area and Switzerland,

and has remained ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland from IP completion day to the relevant date,

• (c) is ordinarily resident in Scotland on the relevant date,

• (d) has been ordinarily resident in the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (e) is undertaking a course for which the relevant date is earlier than 31July 2028.

• (2) Where a person (“P”) falls within sub-paragraph (1)(a)(ii), the person in relation to whom P is a family member must also meet the requirements of sub-paragraph (1)(b) and (d).

Residents of Ireland

2

A person who—

• (a) is an Irish national or a United Kingdom national,

• (b) is ordinarily resident in Ireland on the relevant date,

• (c) has been ordinarily resident in the United Kingdom and Islands or Ireland throughout the period of 3 years immediately preceding the relevant date, and

• (d) is undertaking a course in Scotland.

Residents of Gibraltar

3

A person who—

• (a) is—

• (i) a United Kingdom national, or

• (ii) an EU national with a right of residence in Gibraltar arising under the EU withdrawal agreement,

• (b) is ordinarily resident in Gibraltar,

• (c) is undertaking a course in Scotland,

• (d) has been ordinarily resident in the territory comprising the United Kingdom and Islands, Gibraltar, the European Economic Area and Switzerland throughout the period of 3 years immediately preceding the relevant date, and

• (e) is undertaking a course for which the relevant date is earlier than 31July 2028.

SCHEDULE 3 — ORDINARY RESIDENCE

Ordinary residence on relevant date

1

• (1) For the purposes of schedules 1 and 2 a person is to be treated as being ordinarily resident in Scotland on the relevant date if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority, are satisfied that that person was not actually so resident only because—

• (a) that person or their spouse or civil partner or either of their parents, or

• (b) in the case of a dependant direct relative in the ascending line, the child upon whom that person was dependent or that child’s spouse or civil partner,

was temporarily employed outside Scotland, or attending a course of study or undertaking postgraduate research outside Scotland.

• (2) For the purposes of schedules 1 and 2, a person who is resident in Scotland on the relevant date as a result of having moved to Scotland for the purpose of undertaking a course of education is to be considered to be ordinarily resident in the area from where they moved.

• (3) Sub-paragraph (2) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38.

Ordinary residence for specified period: general and interpretation

2

Paragraphs 3 to 5 apply in determining, for the purposes ...

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of schedules 1 and 2 whether a person is to be treated as having been or not having been ordinarily resident for the period specified in those schedules (in this schedule “specified period”) in the United Kingdom, the Islands, Gibraltar, Ireland, the European Economic Area or Switzerland or the EU overseas territories or Turkey (in this schedule “relevant area”).

Ordinary residence for specified period: exclusion for education purposes

3

• (1) A person is not to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers or, for the purposes of a bursary granted under regulation 26(1) (exercise of power to grant a bursary), the education authority are satisfied that that person was resident there for any part of that period wholly or mainly for the purpose of receiving full-time education.

• (2) Sub-paragraph (1) does not apply to a person who has acquired settled status in the United Kingdom under the Immigration Act 1971 as a result of residence for full-time education which has led to a right of permanent residence arising under Directive 2004/38, in which case the person must have been ordinarily resident in the United Kingdom, Islands, Gibraltar or in the territory comprising the European Economic Area and Switzerland immediately before the start of that period of residence.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ordinary residence for specified period: length of residence requirements for dependent and independent students born in the relevant area

4

• (1) A person is to be treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was born and has spent the greater part of their life in the relevant area and that—

• (a) one or more parent has been ordinarily resident in the relevant area throughout the specified period and that person is not an independent student, or

• (b) that person 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.

• (c) Sub-paragraph (1)(b) does not apply to those qualifying by virtue of paragraph 2 (“EU nationals etc with protected rights”) of schedule 1 in relation to student loans issued under regulation 11 (students eligible for student loans).

• (2) Subject to sub-paragraph (4), “independent student” means a student who on the relevant date—

• (a) is aged 25,

• (b) is married or in a civil partnership,

• (c) has no parent living,

• (d) has the care of a person under the age of 18 who is wholly or mainly financially dependent on them, or

• (e) has supported themselves out of their earnings for periods aggregating not less than 3 years.

• (3) In sub paragraph 2(e) a student is regarded as having supported themselves out of their earnings for any period during which that student–

• (a) was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency (national, regional or local),

• (b) was in receipt of benefit payable by any such state authority or agency, in respect of a person who is available for employment but who is unemployed,

• (c) was available for employment and had complied with any requirement of registration imposed by a state authority or agency as a condition of entitlement for participation in arrangements for training or receipt of benefit,

• (d) received any pension, allowance or other benefit paid by reason of a disability to which that person is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, by an employer or any former employer or by any other person, or

• (e) held an advanced postgraduate award or comparable award.

• (4) For the purposes of Part 6 (education maintenance allowances), “independent student” in sub-paragraph (1)(a) means a person who on the relevant date—

• (a) is married or in a civil partnership,

• (b) has no parent or guardian living,

• (c) does not reside with, has no regular contact with and receives no financial support from a parent or guardian,

• (d) is a parent to whom child benefit is being paid,

• (e) is in receipt of income support, universal credit or income-related employment and support allowance payable under Part 1 (employment and support allowance) of the Welfare Reform Act 2007³⁰,

• (f) is a person being looked after and provided with accommodation by a local authority or equivalent organisation, or

• (g) is a person, formerly looked after by a local authority or equivalent organisation, who does not reside with, has no regular contact with and receives no financial support from a parent or guardian.

Ordinary residence for specified period: temporary absence for employment or study

5

A student is treated as having been ordinarily resident in the relevant area for the specified period if the Scottish Ministers are satisfied that the person was not actually so resident in the relevant area for the specified period only because—

• (a) that student, or their spouse or civil partner, or either of their parents, either of their guardians or any other person having parental responsibility for that person, or

• (b) in the case of a dependant direct relative in the ascending line, the child upon whom that student was dependent or that child’s spouse or civil partner,

was temporarily employed outside the relevant area, or attending a course of study or undertaking postgraduate research outside the relevant area.

SCHEDULE 4 — DESIGNATED COURSES

PART 1 — COURSES DESIGNATED FOR STUDENT LOANS AND STUDENT LOANS FOR TUITION FEES

1

A first degree course other than a course referred to in paragraph 3.

2

A course for the Diploma of Higher Education.

3

A course for the initial training for teachers, including such a course leading to a first degree.

4

A course for the further training of teachers or youth and community workers.

5

A course in preparation for a professional examination of a standard higher than that of—

• (a) examinations at advanced level for the General Certificate of Education,

• (b) the examination at higher level for the Scottish Certificate of Education, or

• (c) the examination for the National Certificate or the National Diploma of Qualifications Scotland,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

6

A course providing education (whether or not in preparation for an examination) the standard of which is—

• (a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 5(a), (b) or (c) above, but

• (b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

7

A course for the Certificate of Higher Education.

PART 2 — COURSES DESIGNATED FOR STUDENT LOANS ONLY

8

A course for the Higher National Diploma or Higher National Certificate of Qualifications Scotland.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 — REVOCATIONS

Regulations revoked	References
The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006	S.S.I. 2006/333
The Education Authority Bursaries (Scotland) Regulations 2007	S.S.I. 2007/149
The Nursing and Midwifery Student Allowances (Scotland) Regulations 2007	S.S.I. 2007/151
The Students’ Allowances (Scotland) Regulations 2007	S.S.I. 2007/153
The Education (Student Loans) (Scotland) Regulations 2007	S.S.I. 2007/154
The Education Maintenance Allowances (Scotland) Regulations 2007	S.S.I. 2007/156

Signed

SHIRLEY-ANNE SOMERVILLE — A member of the Scottish Government — 2022-05-04

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations consolidate the Students’ Allowances (Scotland) Regulations 2007 (S.S.I. 2007/153), (“the Allowances Regulations”), the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 (S.S.I. 2007/151), (the Nursing and Midwifery Allowances Regulations”), the Education (Student Loans) (Scotland) Regulations 2007 (S.S.I. 2007/154), (“the Student Loans Regulations”), the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 (S.S.I. 2006/333), (“the SLTF Regulations”), the Education Authority Bursaries (Scotland) Regulations 2007 (S.S.I. 2007/149) (“the Bursaries Regulations”) and the Education Maintenance Allowances (Scotland) Regulations 2007 (S.S.I. 2007/156) (“the EMA Regulations”).

In addition to minor and drafting alterations, these Regulations revoke and replace those six sets of regulations and make amendments to extend eligibility of student support to new categories of students. These include Afghan nationals who have been granted leave under the Afghan Resettlement Scheme or under the Afghan Relocation and Assistance Policy Scheme (paragraph 13 of schedule 1) and those who have applied to the Ukraine Family Scheme, Ukraine Sponsorship Scheme, the Ukraine Extension Scheme or for leave outside the immigrations rules, and have either been granted leave or have an outstanding application to that scheme (paragraph 14 of schedule 1.)

Parts 2 to 6 regulate the exercise by the Scottish Ministers or education authorities of their powers under the Education Scotland Act 1980 to pay student support to or for persons who fulfil certain criteria as to eligibility and they prescribe the conditions and requirements subject to which student support may be paid.

Part 2 consolidates the Allowances Regulations and regulates the provision of allowances provided to or for eligible students attending courses of education.

Part 3 consolidates the Nursing and Midwifery Allowances Regulations and extends support to those persons undertaking a course of education in paramedic science. This Part regulates the provision of allowances to or for persons undertaking courses of education in nursing and midwifery

Part 4 consolidates and amalgamates the Student Loans Regulations and SLTF Regulations. It regulates the provision of loans for students studying in Scotland, and loans for tuition fees for eligible students attending designated courses provided by an institution located in the UK but outside Scotland (“an RUK institution”).

Part 5 consolidates the Bursaries Regulations and regulates the provision by education authorities of bursaries for persons undertaking courses of study in their area.

Part 6 consolidates the EMA Regulations and regulates the provision of education maintenance allowances to persons undertaking courses of education.

Schedule 1 and 2 list the categories of students eligible for the various forms of student support.

Schedule 3 determines whether a person is to be treated as being, or having been, ordinarily resident in a place at, or for, a particular time.

Schedule 4 lists courses which are designated for the purposes of student loans or student loans for tuition fees at RUK institutions.

Schedule 5 lists the Regulations being revoked.

Footnotes

Editorial notes