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36.—(1) Subject to paragraph (2), where an eligible student resides at his or her parents' home and the National Assembly is satisfied that in all the circumstances the student’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support the student and that it would be appropriate for the amount of loan payable to a student in a category other than category 1 to apply in his or her case, the student must be treated as if the student were not residing at the student’s parents' home.
(2) Paragraph (1) does not apply to an eligible student who begins a course on or after 1 September 2004.
(3) Where an eligible student is a member of a religious order who resides in a house of his or her order the student is treated as if the student were residing at the student’s parents' home.
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