Prescribed description of a qualifying personI14
F11
A qualifying person who is prescribed for the purposes of section 5(5) of the 2015 Act is a person who falls within the Schedule on the first day of an academic year, other than—
a
a person who is not eligible for support under the 2015 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;
b
a person who is not eligible for support under the 2017 Regulations by reason of regulation 4(3)(c), (d), (e) or (f) of those Regulations;
c
a person who is not eligible for support under the 2018 Regulations because they are a person to whom Exception 3, paragraph (a), Exception 4, Exception 5 or Exception 6 listed in regulation 10(1) of those Regulations applies; or
d
a person mentioned in paragraphs (2), (3), or (8).
2
Subject to the exceptions in paragraphs (4), (5) (6) and (7), a person is not a qualifying person if—
a
the person holds a higher education qualification; and
b
the qualifying course leads to a qualification which is an equivalent or lower qualification.
3
A person is not a qualifying person if—
a
the person ceases a course (“the first course”) which is not a qualifying course;
b
disregarding any intervening vacation, the person immediately attends another course which is a qualifying course; and
c
the first course was not a qualifying course by reason of regulation 3(2).
4
Paragraph (2) does not apply where—
a
the qualifying course is a course for the initial training of teachers;
b
the duration of the course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
c
the qualifying person is not a qualified teacher.
5
Paragraph (2) does not apply in respect of any part of a single course where—
a
the single course leads to an honours degree being conferred on the qualifying person from an institution in the United Kingdom before the final degree or equivalent qualification; and
b
the only honours degree held by the qualifying person was received as part of that single course.
6
Paragraph (2) does not apply where the qualifying course is a foundation degree.
7
Paragraph (2) does not apply where the qualifying course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect.
8
Where an event occurs in the course of an academic year and as a result a person falls within the Schedule in the course of an academic year, that person is not a qualifying person in respect of the academic year in which the relevant event occurred or any previous academic year.