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28. In regulation 64 (eligible distance learning students)—
(a)after paragraph (11) insert—
“(11A) Where—
(a)the Welsh Ministers determined that, by virtue of being a person with section 67 leave to remain or the child of such a person, a person (“A” in this paragraph) was an eligible distance learning student in connection with an application for support for an earlier year of the present distance learning course or an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the present distance learning course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which a person with section 67 leave to remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.”;
(b)in paragraph (12), for “Paragraphs (10), (10A) and (11)” substitute “Paragraphs (10), (10A), (11) and (11A)”.
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