33. An old system student, other than a student undertaking a course at a relevant institution of higher education in the Republic of Ireland, or whose course is a course leading to a degree in social work at an educational institution in Northern Ireland qualifies for a fee contribution loan in respect of an academic year of a designated course if—
(a)he qualifies for a grant for fees in respect of that year or would have qualified if he had applied for the grant (even if the amount is or would have been nil); and
(b)the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.