Date Legislation considered: 10 June 2022
Date Legislation in Force: 01 August 2022
Potential Right(s) Affected:Residence /Discrimination/Equal Treatment
What does the legislation do?
The Policy Note accompanying these Regulations explains that the legislation: –
“has consolidated six regulations into a single instrument which sets out the general system of student support in Scotland and provides detail on the support available and for whom.”
Further information in respect of student support available in Scotland can be found on the Student Awards Agency Scotland (SAAS) website.
Schedule 1 makes provision for categories of students eligible for the various forms of student support. These categories include:
- EU nationals and their family members who fall within scope of the Withdrawal Agreement.
- EU and EEA EFTA nationals who are workers, frontier workers and self-employed persons who fall within scope of the Withdrawal Agreement and EEA EFTA Separation Agreements (“the Agreements”) along with their family members.
- In-time and late applicants to the EU Settlement Scheme who have not yet had their application determined.
Under the Regulations, EU nationals and their family members who are within scope of the Agreements but who have not been ordinarily resident in the UK for 3 years (prior to the first day of the first academic year of their course), will only qualify for limited forms of student support towards tuition fees and other fees payable for courses at institutions in Scotland. They do not qualify for living cost support, or for tuition fee loans to study at an institution in another part of the UK and will only be eligible for such support once they have satisfied the 3-year residency requirement.
In accordance with Article 23(2) of the Withdrawal Agreement, the Scottish Government is permitted to restrict access to support for living costs for students who do not have a right of permanent residence in the UK (i.e. settled status). This position is the same throughout the UK.
In the case of EU and EEA EFTA nationals (and their family members) who are protected by the Agreements and who are workers or are self-employed, they will be entitled to full support (i.e. tuition fees/tuition fee loans and maintenance costs) where they have 3 years residence in the UK or elsewhere in the EEA and/or Switzerland.
The IMA raises no issues of concern at this stage, however any citizen experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.