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138A.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.
(2) The events are—
[F2(a)the student’s course becomes a designated part-time course—
(i)under regulation 139(7);
(ii)by virtue of the course being provided by or on behalf of an English higher education provider which becomes a registered provider; or
(iii)by virtue of the course becoming a Northern Irish designated part-time course, a Scottish designated part-time course or a Welsh designated part-time course; ]
(b)the student, or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person granted stateless leave or a person granted humanitarian protection;
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(d)the student becomes a person described in paragraph 3(1)(a) of Schedule 1;]
[F5(e)where regulation 137(2A)(a) applies, the student becomes a person described in paragraph 12(a) of Schedule 1;]
(f)the student becomes a person described in [F6paragraph 6A(1)(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in] paragraph 6(1)(a) of Schedule 1; F7...
[F8(g)the student becomes a person described in paragraph 11A(a) of Schedule 1 or, where regulation 137(2A)(a) applies, in paragraph 11(1)(a) of Schedule 1;]
[F9(h)the student becomes a person granted section 67 leave];
[F10(i)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse; F11...]
[F12(j)the student becomes a person granted Calais leave.] [F13; F14...
(k)the student becomes a person granted indefinite leave to remain as a bereaved partner] [F15;]
[F16(l)the student becomes a person described in paragraph 9B(1)(a)(ii) of Schedule 1];
[F17(m)the student becomes a person granted leave under [F18one of the Afghan Schemes]] [F19or]
[F20(n)the student becomes a person granted leave under one of the Ukraine Schemes.]
(3) An eligible part-time student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs.
(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
(6) In this regulation, a “loan for living costs” means a loan for living costs under Part 11B.]
Textual Amendments
F1Reg. 138A inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support) (Amendment) (No. 3) Regulations 2018 (S.I. 2018/472), regs. 1(2)(a), 12
F2Reg. 138A(2)(a) substituted (with application in accordance with reg. 1(2)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 4(1)(f)
F3Reg. 138A(2)(c) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(a)
F4Reg. 138A(2)(d) substituted (31.12.2020) by The Education (Student Fees, Awards and Support) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1181), regs. 1(3), 9
F5Reg. 138A(2)(e) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(b)
F6Words in reg. 138A(2)(f) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(c)
F7Word in reg. 138A(2)(f) omitted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 36(7)(a)
F8Reg. 138A(2)(g) substituted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(d)
F9Reg. 138A(2)(h) inserted (with application in accordance with reg. 1(2)(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 36(7)(c)
F10Reg. 138A(2)(i) inserted (with application in accordance with reg. 1(3)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 2(3)(e)(ii)
F11Word in reg. 138A(2)(i) omitted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 13(6)(a)
F12Reg. 138A(2)(j) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/48), regs. 1(1), 3(3)(g)
F13Reg. 138A(2)(k) and word inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 13(6)(b)
F14Word in reg. 138A(2)(j) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(e)
F15Word in reg. 138A(2)(k) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(f)
F16Reg. 138A(2)(l) inserted (1.3.2021) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 18(g)
F17Reg. 138A(2)(m) inserted (with application in accordance with reg. 1(3)(c) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 9(7)
F18Words in reg. 138A(2)(m) substituted (15.2.2022) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2022 (S.I. 2022/57), regs. 1(1), 9 (with reg. 1(3))
F19Word in reg. 138A(2) repositioned (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 4(8)
F20Reg. 138A(2)(n) inserted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 4(8)
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