Regulation 5 Prescribed description of a qualifying person
The description of a qualifying person which is prescribed for the purposes of section 24 of the Act is a person who on the first day of an academic year which begins during the grant period falls within the class of persons who subject to paragraph (7) are specified in Part 2 of Schedule 1 other than—
persons who are not eligible for support under the Student Support Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those regulations, or
a person mentioned in paragraph (2) or (5).
Subject to the exception in paragraphs (3) and (4), a person is not a qualifying person if he has an honours degree from an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the person took the course leading to the award of the honours degree.
Paragraph (2) does not apply where—
the qualifying course is a course for the initial training of teachers;
the duration of the course does not exceed two years (the duration of a part time course being expressed as its full-time equivalent); and
the qualifying person is not a qualified teacher.
Paragraph (2) does not apply in respect of any part of a single course where—
the qualifying course is a single course;
the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and
the qualifying person only has an honours degree which was received as part of the single course referred to in sub-paragraph (a).
Where one of the events mentioned in paragraph (6) occurs in the course of an academic year and as a result a person falls within the class of persons mentioned in Part 2 of Schedule 1 he is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.
The events are —
an area which was not part of the European Community or the European Economic Area has become part of one or both of these areas;
the person acquires the right of permanent residence as defined in Part 1 of Schedule 1; or
the person becomes the child of a Swiss national.
For the purposes of this regulation—
where a person is mentioned in paragraph 5(a) of Schedule 1 they are not required to meet the residence requirement in paragraph 5(c) of that Schedule;
in paragraph 9(1) of Schedule 1 the requirement that an EC national or a family member of such a national has that status on the first day of the first academic year of the course does not apply to sub-paragraph (1)(a); and
paragraph 9(1)(b)(ii) of Schedule 1 does not apply.