3. In regulation 4 (eligible students), for paragraph (1), substitute—
“(1) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—
(a)in paragraphs 2, 2A, 2B, 3, 3A, 3B, 3C, 3D, 3E, 3F, 4, , 5A, 5B, 5D, 5F, 6A, 6B, 6C, 6D, 7A, 9 and 10 of the Schedule; or
(b)in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule where paragraph (1A) applies.
(1A) This paragraph applies where—
(a)in connection with a designated course beginning before 1st August 2021, the Department—
(i)in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule in relation to an academic year of the course beginning before 1st August 2021; or
(ii)would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.
(1B) In connection with a designated course beginning on or after 1st January 2028, paragraph (1)(a) has effect as if paragraphs 5F, 6B and 6D were omitted.”.