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The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007

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Amendment of the principal Regulations

5.—(1) Regulation 5 (Designated courses) shall be amended as provided by paragraphs (2) and (3).

(2) After paragraph (6)(a), there shall be inserted—

(aa)a designated course and a designated distance learning course;.

(3) For paragraph (11), there shall be substituted—

(11) Where—

(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—

(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or

(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, 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),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support.;

(a)for paragraph (12), there shall be substituted—

(12) Where—

(a)the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—

(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which his status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or

(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which his status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain 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),

A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which he is applying for support..

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