3.—(1) An eligible student qualifies for a postgraduate master’s degree loan in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraphs (3) to (7), a person is an eligible student in connection with a designated course if in assessing that person’s application for a postgraduate master’s degree loan the Secretary of State determines that the person falls within one of the categories set out in Part 2 of Schedule 1.
(3) A person (“A”) is not an eligible student if—
(a)A has reached the age of 60 on the first day of the academic year in which the designated course starts;
(b)A is in breach of any obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;
(d)A has, in the opinion of the Secretary of State, shown by A’s conduct that A is unfitted to receive a postgraduate master’s degree loan;
(e)A is a prisoner, unless A is an eligible prisoner;
(f)A is enrolled on a course which is a designated course under regulations 5 (designated course), 122 (designated distance learning course) and 139 (designated part-time course) of the student support regulations and is receiving support under the student support regulations for that course;
(g)A has already obtained an equivalent or higher qualification;
(h)A is already enrolled on a designated course and is in receipt of a postgraduate master’s degree loan under these Regulations for that course;
(i)Subject to paragraph (7), A has previously received a postgraduate master’s degree loan under these Regulations; or
(j)A is eligible to apply for, in connection with the course,—
(i)a healthcare bursary;
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(1); or
(iii)any allowance, bursary or award of similar description made under section 67(4)(a) of the Care Standards Act 2000(2) which includes payment for meeting additional expenditure incurred by A by reason of A’s disability.
(4) Where the eligible student is undertaking a designated course which is a distance learning course, the student does not qualify for support in respect of that course unless the Secretary of State considers that the student is undertaking the course in England on the first day of the course, whether the course is a designated course at that date or is designated on a later date during the academic year.
(5) An eligible student ceases to be eligible for a postgraduate master’s degree loan in respect of a distance learning course, if the Secretary of State considers that the student is undertaking the course outside the United Kingdom notwithstanding whether that student has previously been considered by the Secretary of State to be undertaking their course within the United Kingdom.
(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
(7) The Secretary of State may deem a person who has previously received a postgraduate master’s degree loan under these Regulations in relation to a designated course, to be an eligible student where the Secretary of State is of the view that the person had not been able to complete the designated course to which the previous postgraduate master’s degree loan related due to compelling personal reasons.
(8) The Secretary of State may only exercise his discretion to award a subsequent postgraduate master’s degree loan to a particular person under paragraph (7) once in respect of a particular student.
S.S.I. 2007/151, amended by S.S.I. 2007/503.