Regulation 3
1. The 2009 Regulations are amended by paragraphs 2 to 4.
2. In regulation 112—
(a)at the beginning of paragraph (7)(a) insert “Subject to paragraphs (7A) and (7B),”;
(b)in paragraph (7)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (7) insert—
“(7A) Where paragraph (7B) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(7B) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 119 from a course which began before 1st September 2009.”
3. In regulation 129—
(a)at the beginning of paragraph (6) insert “Subject to paragraphs (6A) and (6B),”;
(b)in paragraph (6)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (6) insert—
“(6A) Where paragraph (6B) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(6B) This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 137 from a course which began before 1st September 2009.”
4. In Schedule 2 (Eligible students), Part 2, paragraph 4(1)(b) substitute “person” for “student”.