The Education (Student Support) Regulations 2000 (Amendment) (No. 3) Regulations 2000

9.—(1) In regulation 29(1)—

(a) in sub-paragraph (b) substitute for the word “attending” the word “undertaking” and substitute for the full stop a semicolon and after the semicolon insert the word “and”; and

(b) insert after sub-paragraph (b) the following sub-paragraph:

“(c) in respect of the second and any subsequent year of his part-time course, he is ordinarily resident in England and Wales on the first day of the academic year.”.

(2) For regulation 29(2) substitute the following paragraph:

“(2) An eligible part-time student shall not be eligible for a loan if—

(a) he holds a first degree from an educational institution in the United Kingdom; or

(b) there have been paid to him 6 loans in connection with his undertaking one or more designated part-time courses.”.

(3) After regulation 29(3) insert the following paragraphs:

“(3A) Subject to paragraph (3B), an eligible part-time student shall not be eligible for a loan if he is a prisoner serving a custodial sentence.

(3B) Paragraph (3A) shall not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.”.

(4) In regulation 29(8) substitute (in the appropriate places) for the definitions of “child”, “dependent” and “spouse” the following definitions:

• ““child” in relation to an eligible part-time student includes a step-child and any child for whom the student has parental responsibility and, in the case of an eligible part-time student aged 25 or over on the first day of the academic year in respect of which his eligibility for a loan is being assessed, any child of his partner;

• “dependent” means wholly or mainly financially dependent;

• “partner” means a woman ordinarily living with a man part-time student as his wife or a man ordinarily living with a woman part-time student as her husband;

• “spouse” includes, in the case of an eligible part-time student aged 25 or over on the first day of the academic year in respect of which his eligibility for a loan is being assessed, a partner. It does not include a spouse of an eligible part-time student where they have ceased ordinarily to live together, in the case of a married part-time student whether or not an order for their separation has been made by any court, or where the spouse is ordinarily living outside the United Kingdom and is not maintained by him.”.