Regulation 4 Qualifying Person

Subject to F1paragraphs (3) and (6) and regulations 5 and 6, a qualifying person is a person who F2—

Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before F31st September 2023 but who nevertheless falls within F4a settled category, a protected category or a prescribed category on the first day of an academic year commencing on or after that date.

Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

This paragraph applies where—

In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs F119A, 10B, 10BA and 10E in Part 2 of the Schedule.

For the purposes of this regulation, where—

the person who would otherwise no longer fall within a paragraph of the Schedule is to be treated as falling within the paragraph of the Schedule in which they previously fell for the remainder of the duration of the course.

Where a protected category event occurs in relation to a person after the course start date, paragraph (8) applies for the purposes of determining whether the person falls within a F15protected category on the first day of the relevant academic year.

The person is, for the purposes of determining whether they satisfy any requirement in Part 2 of the Schedule that they are ordinarily resident in the United Kingdom on the course start date, to be treated as if the person was, on the course start date, lawfully residing in the place where the person was residing on that date.

For the purposes of this regulation—

• “protected category” means any category of persons described in paragraph 5, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H or 6 of Part 2 of the Schedule;

• “protected category event” means an event specified in regulation 6(2)(b), (i), (j), (k), (l), (m) or (n);

• “relevant academic year” means an academic year beginning on or after 1st September 2023;

• “settled category” means any category of persons described in paragraph 3A or 9A of Part 2 of the Schedule.