Regulation 8 Amendment to the 2009 RegulationsI1

after paragraph (11F) insert—

“(11G)

Where—

(a)

the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“A”) was an eligible distance learning student in connection with—

(i)

an application for support for an earlier year of the current distance learning course; or

(ii)

an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and

(b)

as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i)

no further leave to remain has been granted;

(ii)

no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii)

A has not become a British or Irish citizen,

A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.