The Higher Education (Fee Limit Condition) (England) Regulations 2017

Qualifying PersonE+W

This section has no associated Explanatory Memorandum

4.—(1) Subject to [F1paragraphs (3) and (6)] and regulations 5 and 6, a qualifying person is a person who falls within a prescribed category on the first day of an academic year which commences on or after 1st September 2019.

(2) Paragraph (1) includes a person who undertakes a qualifying course in an academic year which began before the date in that paragraph but who nevertheless falls within a prescribed category on the first day of an academic year commencing on or after that date.

(3) Paragraph (1) does not apply to a person ineligible for support by reason of regulations 4(3)(c), (d), (e), (f) or (g), 4(4), 137(3) and 137(4) of the Education (Student Support) Regulations 2011.

[F2(4) In this regulation, subject to paragraph (6), “prescribed category” means any category of persons described—

(a)in paragraphs 3, 3A, 4, 5, 5A, 5B, 5C, 5D, 5E, [F35F,] 6, 7A, 8A, 9A, 10A, 10B, [F410BA,] 10C, 10D, 10E, 11A, 12A, 13A and 14 in Part 2 of the Schedule; or

(b)in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule, where paragraph (5) applies.

(5) This paragraph applies where—

(a)in connection with a qualifying course beginning before 1st August 2021, a person (“A”) was a qualifying person by virtue of falling within any category of persons described in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of the Schedule in relation to an academic year beginning before 1st August 2021; and

(b)A is undertaking an academic year of that qualifying course, or of a qualifying course to which A transfers from that qualifying course.]

[F5(6) In relation to a qualifying course which begins on or after 1st January 2028, paragraph (4) has effect as if sub-paragraph (a) did not mention paragraphs [F69A, 10B, 10BA and 10E] in Part 2 of the Schedule.]

Textual Amendments

F3Word in reg. 4(4)(a) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 51(2)