Amendment of regulation 3
64. In regulation 3(1) (eligible students)—
(a)for paragraph (2) substitute—
“(2) 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 a postgraduate doctoral degree loan the Secretary of State determines that the person falls within one of the categories set out—
(a)in paragraphs 2, 2A, 3, 4, 5, 5A, 5B, 5C, 5D, 6, 7A, 8A, 9A, 10A, 10B, 10C, 10D, 11A, 12A, 13A and 14 in Part 2 of Schedule 1; or
(b)in paragraphs 7, 8, 9, 10, 11, 12 and 13 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—
(i)in assessing an application for a postgraduate doctoral degree loan by a person (“A”) determined that A fell within one of the categories set out in paragraphs 7, 8, 9, 10, 11, 12 and 13 in Part 2 of Schedule 1 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 a postgraduate doctoral degree loan in accordance with this Part in relation to an academic year of the course beginning before that date; and
(b)A applies for a postgraduate doctoral degree loan 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) has effect as if it did not mention paragraphs 9A, 10B and 10D.”;
(b)after paragraph (11), insert—
“(12) 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 a postgraduate doctoral degree loan for a designated course; and
(b)as at the day before the first day of the first academic year of that designated course, A is not a person with protected rights,
A’s status as an eligible student terminates immediately before the first day of the first academic year of that designated course.”.
Regulation 3 was amended by S.I. 2019/1094, 2020/48.