Regulation 5 Period of eligibilityI1
England and Wales
A student’s status as an eligible student is retained in connection with an HE short course until the status terminates in accordance with this regulation or regulation 6.
The period for which an eligible student retains that status is the “period of eligibility”.
Subject to paragraphs (4) to (6), the period of eligibility terminates at the end of the ordinary duration of the HE short course.
The Secretary of State may terminate an eligible student’s period of eligibility where the student has shown by their conduct that they are unfitted to receive an HESC loan.
If the Secretary of State is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may take such of the following actions as the Secretary of State considers appropriate in the circumstances—
terminate the period of eligibility;
determine that the student no longer qualifies for any HESC loan or a particular amount of HESC loan;
treat any HESC loan paid to the student as an overpayment which may be recovered under regulation 18.
Where the period of eligibility terminates before the end of the ordinary duration of the HE short course, the Secretary of State may, at any time, renew the period of eligibility for such period as the Secretary of State determines.
For the purposes of this regulation, the ordinary duration of an HE short course is the period which a standard student would take to complete the course.
For the purposes of paragraph (7) “standard student” means a student who is taken—
to have begun the HE short course on the same date as the eligible student in question,
not to be excused any part of the course,
not to repeat any part of the course, and
not to be absent from the course other than during vacations (if any).
Annotations
Commencement
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Reg. 5 in force at 13.4.2022, see reg. 1(2)