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3.—(1) A person shall be an eligible student in relation to an academic year of a course which begins on or after 1st September 1998 for the purposes of Article 3(1) of the Order and of these Regulations if—
(a)he is a person mentioned in Schedule 1;
(b)the course he is attending is a designated course;
(c)he is under the age of 50 years on the first day of the course;
(d)he is not eligible to receive a loan in relation to the academic year under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;
(e)subject to regulation 9(4), he has not received a relevant loan in relation to the academic year of another course which year ended after the first day of the academic year in question;
(f)he is not eligible to receive, in relation to the academic year, any payment under a bursary or award of similar description bestowed on him in pursuance of Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(1) the amount of which is not calculated by reference to his income;
(g)he is not in breach of any obligation to repay any relevant loan; or
(h)where he entered into an agreement for a relevant loan when he was under the age of 18 years, he has ratified the agreement.
(2) For the purposes of paragraph (1)(c) and Schedule 1, if a person withdraws from a designated course provided by any institution with the agreement of that institution without completing the course and if, disregarding any intervening vacation, he immediately commences attending another designated course provided by the same or by a different institution the first day of the first course shall be regarded as the first day of the second course or any subsequent course which he commences in the same circumstances.
(3) For the purposes of paragraph (1)(e), (g) and (h) “relevant loan” includes a loan or any loan made under the Teaching and Higher Education Act 1998, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Scotland) Act 1980.
S.I. 1972/1265 (N.I. 14)
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