PART 4E+WKEY CONCEPTS

CHAPTER 2E+WELIGIBILITY

SECTION 3E+WTermination of eligibility

[F1Persons who cease to have section 67 leave to remainE+W

23A.—(1) This regulation applies where—

(a)a person (“P”) was [F2an eligible student as a result of being a person with section 67 leave to remain] (see Schedule 2) in connection with an application for support—

(i)for an earlier year of the present course,

(ii)for a full-time course in relation to which the present course is a full-time end-on course, or

(iii)for a course from which P’s status as an eligible student has been transferred to the present course under regulation 28 or paragraph 7 of Schedule 5, and

(b)as at the end of the day before the first day of the academic year in respect of which P is applying for support, the period for which—

(i)P, or

(ii)the person who, as a result of having section 67 leave to remain, caused P to be [F3an eligible student],

is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002).

(2) Where this regulation applies, P’s status as an eligible student terminates immediately before the first day of the academic year in respect of which P is applying for support.]

Textual Amendments

F1Reg. 23A inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/235), regs. 1(3)(a), 43

F2Words in reg. 23A(1)(a) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Education (Student Finance) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/481), regs. 1(2), 119(a)