The Education (Student Loans) Regulations 1998

Conditions of eligibility

4.—(1) Subject to paragraph (2), a student shall be eligible for a loan in relation to an academic year if he—

(a) is attending a course which is—

(i) a full-time course; or

(ii) a full-time or a part-time course for the initial training of teachers which is for the time being designated by or under regulations made by virtue of section 1(2)(b) and (3)(c) of the Education Act 1962(1);

(b) is a person mentioned in Schedule 1; and

(c) has entered into an agreement for the loan before the 1st August immediately following the beginning of the academic year.

(2) A student shall not be eligible for a loan in relation to an academic year if he—

(a) has attained the age of 50 years before the first day of the course;

(b) has received another loan in relation to the same academic year;

(c) has received another loan in relation to another academic year which began during the same period 1st August to the following 31st July during which the academic year began;

(d) is eligible in respect of that year to receive—

(i) any payment under a bursary or award of similar description bestowed on him under section 63 of the Health Services and Public Health Act 1968(2) the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(3);

(e) is in breach of any obligation contained in any agreement for a loan; or

(f) subject to paragraph (3), he has not ratified any agreement for a loan made with him when he was under the age of 18.

(3) Paragraph (2)(f) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made—

(a) before 25th September 1991, and

(b) with the concurrence of the borrower’s curator, or at a time when he had no curator.

(4) For the purposes of paragraph (2)(b), (c), (e) and (f) “loan” includes a loan made under the Education (Student Loans) (Northern Ireland) Order 1990(4).

(1)

1962 c. 12; the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c. 20); section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4; section 4 was amended by the Education Act 1994 (c. 30), Schedule 2, paragraph 2; the Regulations currently in force are the Education (Mandatory Awards) Regulations 1997, S.I. 1997/431, amended by the Education (Mandatory Awards) (Amendment) Regulations 1997, S.I. 1997/1693.

(2)

1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 74(1) and (2), and the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 95(1) and (2). The functions of the Minister of Health under section 63 have been transferred to the Secretary of State by the Secretary of State for Social Services Order 1968 (S.I. 1968/1699).

(3)

S.I. 1992/580.

(4)

S.I. 1990/1506 (N.I. 11).