38. In regulation 9(1) (eligible students)—
(a)in paragraph (2)—
(i)after “paragraphs”, insert “(2B),”;
(ii)for sub-paragraph (b) substitute—
“(b)the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories set out—
(i)in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 5, 6A, 7A, 8A, 9A, 9B, 9C, 9D, 10ZA, 11A, 12A and 13 in Part 2 of Schedule 1; or
(ii)in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1, where paragraph (2A) applies.
(2A) This paragraph applies where—
(a)in connection with a designated course beginning before 1st August 2021, the Secretary of State, in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 10A, 11 and 12 in Part 2 of Schedule 1 in relation to an academic year of the course beginning before 1st August 2021; 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.
(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2)(b) has effect as if it did not mention paragraphs 8A, 9B and 9D.”;
(b)in paragraph (9), for “(7), (10) and (11)”, insert “(2B), (7) and (10) to (11B)”;
(c)after paragraph (11), insert—
“(11A) Where—
(a)the Secretary of State determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—
(i)an application for support for an earlier year of the current course; or
(ii)an application for support in connection with a designated course at the Institute from which A’s status as an eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(11B) Where—
(a)the Secretary of State has determined that, by virtue of—
(i)falling within paragraph (a)(iii) or (iv) of the definition of “person with protected rights”; or
(ii)meeting the conditions in paragraph 3(1)(a)(iii) or (iv) in Part 2 of Schedule 1,
a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and
(b)as at the day before the academic year begins, A is not a person with protected rights,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.”.