Regulation 11 Eligible studentsI1

England and Wales Not yet in force

(1)

An eligible student qualifies for financial support in connection with his attendance on a designated course subject to and in accordance with these Regulations.

(2)

Subject to paragraph (3), a person is an eligible student in connection with a designated course if the Secretary of State has determined that—

(a)

he falls within one of the categories in Part 2 of Schedule 1; and

(b)

by reason of merit he should be eligible for support in connection with his attendance at that course.

(3)

A person is not an eligible student if—

(a)

subject to paragraph (4), he has attended a qualifying course;

(b)

he is in breach of an obligation to repay any loan;

(c)

he has reached the age of 18 and not ratified any agreement for a loan made with him when he was under the age of 18; or

(d)

he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.

(4)

Paragraph (3)(a) does not apply where the person has attended a qualifying course but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay him support in connection with the current course.

(5)

For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.

(6)

In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a)

before 25th September 1991; and

(b)

with the concurrence of the borrower’s curator or at a time when he had no curator.

(7)

An eligible student in respect of whom the first academic year of the course beings on or after 1st September 2000 shall not, at any time, qualify for support for more than one designated course.

(8)

A person is also an eligible student for the purposes of these Regulations if—

(a)

he is—

(i)

a current student ; or

(ii)

a new student; and

(b)

the Secretary of State had not determined before 30th April 2006 that he should no longer be eligible for support in connection with the current course.

(9)

For the purposes of this regulation, “qualifying course” means a course—

(a)

which is—

(i)

a postgraduate or comparable course; and

(ii)

of at least two academic years' duration; and

(b)

in respect of which the student received a statutory award [other than an award intended to assist with additional expenditure that the student was obliged to incur in connection with his attendance on the course by reason of a disability to which he is or was subject] for at least two academic years of the course.

Annotations

Commencement

I1: Reg. 11 in force at 30.4.2006, see reg. 1