SFE Assessing Eligibility Guidance 2013/14 - Practitioners - Student ...

2013/14 HE Student Finance
Assessing Eligibility Guidance
Persons who have a right of permanent residence in the UK (as defined in
the Regulations) (Paragraph 3 of Part 2 of Schedule 1 to the Regulations)
67. In relation to these regulations only EU nationals and their family
members who have acquired the right of permanent residence in the
UK may become eligible students by virtue of coming within
paragraph 3 of Part 2 of Schedule 1. Although Norwegian, Icelandic
and Liechtenstein nationals can acquire the right of permanent
residence under Home Office rules, for student support purposes
they are not considered under this paragraph. However, once they
have acquired the right of permanent residence they are settled
within the meaning of the Immigration Act and can be considered
under paragraph 2 of Part 2 of Schedule 1.
68. To fall within paragraph 3 of Part 2 of Schedule 1, the student must
be able to satisfy four requirements. He must:
• Be ordinarily resident in England on the first day of the first
academic year of the course;
• Be settled in the United Kingdom by virtue of having acquired
the permanent right of residence;
• Have been ordinarily resident in the United Kingdom and
Islands throughout the three year period preceding the first day
of the first academic year of the course; and
• Where the three years‟ residence referred to above was wholly
or mainly for the purpose of receiving full-time education, have
been ordinarily resident in the territory comprising the EEA and
Switzerland immediately prior to the start of that period of
residence.
69. Whilst a student who has been awarded the right of permanent
residence before the start of a course will be eligible for support for
the whole of that course providing the other criteria are satisfied, a
student who is awarded the right of permanent residence after their
course starts, will potentially be eligible for:
• loans for living costs, Adult Dependants‟ Grant and Parents‟
Learning Allowance in any subsequent years of the course (and
in the quarters following the award in the year of the award,
except the quarter in which the longest vacation falls);
• Maintenance grant or special support grant in any subsequent
years of the course and in the quarters following the acquisition
of the right of permanent residence, (if the status was acquired
within three months of the first day of the academic year).
• Childcare Grant, Travel Grant or DSAsubsequent years of the
course and in all quarters following the acquisition of the right of
permanent residence.. See the guidance chapter, „Grants for
Dependants and Travel Grants‟ – regarding the support
available to students who become eligible during the course.
• Tuition fee support in any subsequent years of the course (and
in the academic year the status was acquired, if the status was
acquired within three months of the first day of the academic
year).
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