Regulation 4 Conditions of eligibility

(1)

A student attending a course of higher education of at least oneacademic year’s duration shall be eligible for a loan in relation to anacademic year which begins on or after 1st August 1991 if—

(a)

his course of study during that academic year forms part or allof—

(i)

a full-time course; or

(ii)

a course (whether or not full-time) for the initial trainingof teachers which is for the time being designated by or underregulations made by virtue of section 1(2)(b) and (3)(c) of theEducation Act 1962^f1; and

(b)

(i)

he satisfies the conditions prescribed in the Schedule tothese Regulations; or

(ii)

in respect of the course he satisfies one of the conditions ofeligibility for an allowance set down in paragraphs (a), (b) and (f) of regulation 5 of the Students' Allowances (Scotland) Regulations 1987^f2; or

(iii)

before the commencement of or at any time during thatacademic year he has been recognised as a refugee or awarded asylum andfrom that time he has been ordinarily resident in the British Islands,or is the spouse or child of such a person; and

(c)

he has agreed with the loans administrator to accept payment of theloan by direct credit to his bank or building society account and hasprovided the administrator with a signed direct debit mandate in favourof the administrator in respect of repayments of the loan from thataccount; and

(d)

he has entered into an agreement for the loan not later than theend of the period of 12 months beginning on 1st August in which thatacademic year begins; and

(e)

he is not a person to whom paragraph (2) applies.

(2)

This paragraph applies to a person who—

(a)

before the date on which the course begins has attained the age offifty years; or

(b)

is attending a course leading to registration on Part 12, 13, 14 or15 of the register maintained by the United Kingdom Central Council forNursing, Midwifery and Health Visiting under section 10 of the Nurses,Midwives and Health Visitors Act 1979^f3 and is eligible to receive payment of a bursary orsalary out of funds paid by the Secretary of State under section 97 ofthe National Health Service Act 1977^f4 or section 85(1) of the National Health Service(Scotland) Act 1978^f5; or

(c)

is studying for the Postgraduate Certificate in Education as aparticipant in arrangements made by a local education authority for thetraining of teachers known as the“Articled Teachers Scheme”; or

(d)

is in breach of any obligation contained in any agreement for aloan; or

(e)

subject to paragraph (3) was a minor when any agreement for a loanwas made with him and who has not ratified that agreement afterattaining his majority.

(3)

In the case of an agreement for a loan which is subject to the lawof Scotland, sub-paragraph (e) of paragraph (2) shall apply onlyif—

(a)

the agreement was made with the concurrence of the borrower'scurator; or

(b)

at the time the agreement was made the borrower had no curator.

(4)

A student shall not be eligible for a loan in relation to more thanone academic year or more than one course beginning in any period oftwelve months beginning on 1st August in any year.

Annotations

Footnotes

f1: 1962 c. 12; the Regulations in force at the date theseRegulations are made are the Education (Mandatory Awards) Regulations1990 (S.I. 1990/1628) as amended by S.I. 1991/827.
f2: S.I. 1987/864; the relevant amending instrument is S.I.1988/1424.
f3: 1979 c. 36.
f4: 1977 c. 49, substituted by section 6 of the HealthServices Act 1980 (c. 53).
f5: 1978 c. 29, substituted by section 6 of the HealthServices Act 1980.