Regulation 31 I1

in paragraph (1)—

after paragraph (3) insert—

“(3A)

A person is not a qualifying person in connection with a course which begins on or after 1 January 2028 if the only prescribed category into which the person falls is paragraph 8A or 9B.”;

in paragraph (8), for “the Schedule” substitute “a prescribed category”;

after paragraph (8) insert—

“(9)

In this regulation, “prescribed category” means one of the categories described—

(a)

in paragraph 2, 2A, 3, 4, 4A, 4B, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 9E, 10A, 11A or 12A of the Schedule; or

(b)

in paragraph 6, 7, 8, 9, 10, 11 or 12 of the Schedule where paragraph (10) applies.

(10)

This paragraph applies where—

(a)

in connection with a qualifying course beginning before 1 August 2021, a person (“A”) was a qualifying person by virtue of falling within one of the categories of person described in paragraph 6, 7, 8, 9, 10, 11 or 12 of the Schedule in relation to an academic year beginning before 1 August 2021; and

(b)

A is undertaking an academic year of that qualifying course or of a qualifying course to which A transfers from that course in accordance with regulations made under section 22 of the 1998 Act.”