The Education (Student Support) (No.2) Regulations 2008

Period of eligibility

118.—(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 115.

(2) The period for which an eligible distance learning student retains that status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 115, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

(4) The period of eligibility terminates when the eligible distance learning student (“A”)—

(a) withdraws from A’s designated distance learning course in circumstances where the Secretary of State has not transferred or converted or will not transfer or convert A’s status under regulation 126, 127, 128 or 145; or

(b) abandons or is expelled from A’s designated distance learning course.

(5) The Secretary of State may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.

(6) If the Secretary of State is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part 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—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(c) treat any support paid to the student as an overpayment which may be recovered under regulation 131.

(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Secretary of State may, at any time, renew or extend the period of eligibility for such period as the Secretary of State determines.