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129.—(1) The Department may pay support to assist with fees to an eligible part-time student in connection with the student’s attendance on a designated part-time course in England, Wales or Scotland.
(2) The assistance paid under paragraph (1) must not exceed the lesser of—
(a)the maximum amount of assistance that would have been payable to the eligible part-time student under regulation 126(1)(a) had the student been undertaking the course in Northern Ireland; and
(b)the maximum amount of support to assist with fees that in the opinion of the Department would have been payable according to whether the student attends the designated part-time course in England, Wales or Scotland—
(i)pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act had he been ordinarily resident in England and undertaking the part-time course in England;
(ii)pursuant to regulations made by the Welsh Ministers or the National Assembly for Wales under section 22 of the 1998 Act had the student been ordinarily resident in Wales and undertaking the part-time course in Wales; or
(iii)from funds of the Scottish Further and Higher Education Funding Council(1) had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.
This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).
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