Amendments to the 2005 Regulations
13.—(1) Regulation 34 (Eligible part-time students) shall be substituted as provided by paragraphs (2) to (4).
(2) In sub-paragraph (a) of paragraph (2) for “is mentioned in Schedule 2” there shall be substituted “falls within one of the categories set out in Part 2 of Schedule 2”.
(3) For paragraph (7) of there shall be substituted—
“(7) An eligible part-time student shall not qualify for support under regulation 37(1)(b) or regulation 38 if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.”.
(4) For paragraphs (13) and (14) there shall be substituted—
“(13) Where one of the events listed in paragraph (14A) occurs in the course of an academic year—
(a)a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(14) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g) or (h) of paragraph (14A) occurs in the course of an academic year—
(a)a student may qualify for support under regulation 37(1)(b) in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)support of the kind referred to in regulation 37(1)(b) is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(14A) The events are—
(a)the student’s course becomes a designated part-time course;
(b)the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 2);
(c)a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
(e)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three year-period immediately preceding the first day of the first academic year of the course;
(f)the student acquires the right of permanent residence (as defined in Part 1 of Schedule 2);
(g)the student becomes a person described in paragraph 6(a) of Schedule 2; or
(h)the student becomes the child of a Swiss national.”.