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Amendment of the Student Support (Scotland) Regulations 2022

regulation 3 3.—(1) The Student Support (Scotland) Regulations 2022(1) are amended as follows.

(2) In regulation 2 (interpretation) for the definition of “loan” in paragraph (1) substitute—

““loan” means in relation to—

(a)

a student undertaking a course at an RUK institution, a loan towards that student’s tuition fees,

(b)

a student undertaking a taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a research course leading to a postgraduate masters degree, a loan towards that student’s tuition fees,

(c)

a student undertaking a full-time (but not a part-time) taught course leading to a postgraduate diploma or to a postgraduate masters degree, or undertaking a full-time (but not a part-time) research course leading to a postgraduate masters degree, a loan towards that student’s maintenance,

(d)

a student who is a person mentioned in paragraph 2(3) (EU nationals etc. with protected rights who have been living in the UK and Islands for three years) of schedule 1 or in schedule 2, a loan towards that student’s tuition fees,

(e)

any other student, a loan towards that student’s maintenance,

under the Act and any regulations made under the Act, including the interest accrued on the loan and any penalties or charges made in connection with it..”.

(3) In paragraph 8 of schedule 1 (refugees)—

regulation 3 3 a (a)in the opening words after “who” insert “at the date that the Scottish Ministers received their application for student support”,

regulation 3 3 b (b)for sub-paragraph (a) substitute—

“(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”.

(4) In schedule 3 (ordinary residence)—

regulation 3 4 a (a)for paragraph 1(2) substitute—

“(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.”,

regulation 3 4 b (b)in paragraph 3, omit sub-paragraphs (3) and (4).