Non EEa family member of UK National that have exercised rights of residence elsewhere under EU Directive 2004/38/EC

Student Loans Company Limited did not have the information requested.

Dear Student Loans Company Limited,

Can you please clarify Paragraph 8 of Schedule 1 of the Education Support Regulations 2011 (amended) in 8 (1) (a) which states, one of the conditions of a non eea family member of a UK national that exercised EU treaty rights must have "is settled status in the United Kingdom" to be eligible. I. e meaning no restriction on their stay such indefinite leave to remain or permanent residence.

However, Article 24 of the EU Directive 2004/38/EC states the right to equal treatment.

Produced here in full:

Article 24
Equal treatment
1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy equal treatment with the nationals of that Member State within the scope of the
Treaty. The benefit of this right shall be extended to family members who are not nationals of a
Member State and who have the right of residence or permanent residence.

2. By way of derogation from paragraph 1, the host Member State shall not be obliged to confer
entitlement to social assistance during the first three months of residence or, where appropriate, the
longer period provided for in Article 14(4)(b), nor shall it be obliged, prior to acquisition of the
right of permanent residence, to grant maintenance aid for studies, including vocational training,
consisting in student grants or student loans to persons other than workers, self-employed persons,
persons who retain such status and members of their families.

Therefore, can you please clarify in cases were a UK national who has exercised his right of residence is a worker, and retains such status that members of their family the non eea do not in fact have to be settled I. e have permanent residence or indefinite leave to remain as paragraph 8 (1) a of Schedule 1 states?

Yours faithfully,

K.King

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,

your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales

for other departments.

show quoted sections

FOI Requests, Student Loans Company Limited

Dear K King

Thank you for your email dated 3rd September 2019.

Your request is being considered under the terms of the Freedom of
Information Act 2000 (“FOIA”).

Your request has been allocated reference number 169-19.

We will respond to you under the terms of the FOIA and within 20 working
days.

We will contact you further for clarification of your request if this is
considered necessary.  

Yours sincerely

Louise Chapman | Senior Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD

[1]www.gov.uk/slc
Follow us at [2]Twitter/SLCcomms for the latest corporate news and updates

show quoted sections

References

Visible links
1. http://www.gov.uk/slc
2. file:///tmp/www.Twitter.com/SLCcomms

FOI Requests, Student Loans Company Limited

Dear K King

I refer to your recent email dated 3^rd September 2019 requesting the
following information under the Freedom of Information Act 2000 (“FOIA”):

“Can you please clarify Paragraph 8 of Schedule 1 of the Education Support
Regulations 2011 (amended) in 8 (1) (a) which states, one of the
conditions of a non eea family member of a UK national that exercised EU
treaty rights must have "is settled status in the United Kingdom" to be
eligible. I. e meaning no restriction on their stay such indefinite leave
to remain or permanent residence.

However, Article 24 of the EU Directive 2004/38/EC states the right to
equal treatment.

……
Therefore, can you please clarify in cases were a UK national who has
exercised his right of residence is a worker, and retains such status that
members of their family the non eea do not in fact have to be settled I. e
have permanent residence or indefinite leave to remain as paragraph 8 (1)
a of Schedule 1 states?”

Response

The FOIA covers requests for recorded information, rather than asking
questions or seeking explanations or clarification.  Your question is
seeking clarification of the provision of paragraph 8 of schedule 1 to the
Education (Student Support) Regulations 2011, as amended, rather than
asking for recorded information.  Your question is therefore considered to
fall outwith the scope of the FOIA.

By way of general response to your question, the provisions of paragraph 8
are clear – the student finance applicant must be settled in the UK in
their own right.  

We would advise that SLC is not the policy maker – SLC’s role is to
accurately apply the eligibility criteria within the 2011 Regulations.  We
would suggest that your question may be better directed to the Department
for Education (“DfE”), as the relevant policy maker.  DfE contact details
can be found towards the bottom of the following webpage -
[1]https://www.gov.uk/government/organisati....

Internal review process

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.

Internal review requests should be submitted within two months of the date
of receipt of the response to your original request and should be
addressed to the Freedom of Information Office, Student Loans Company
Limited, 100 Bothwell Street, Glasgow, G2 7JD,  or by email:
[SLC request email].  Please remember to quote the reference number
above in any future communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House  
Water Lane  
Wilmslow  
Cheshire  
SK9 5AF

Yours sincerely

Louise Chapman | Senior Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

[2]www.gov.uk/slc
Follow us at [3]Twitter/SLCcomms for the latest corporate news and updates

show quoted sections

References

Visible links
1. https://www.gov.uk/government/organisati...
2. http://www.gov.uk/slc
3. file:///tmp/www.Twitter.com/SLCcomms