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The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018

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Effect of becoming, or ceasing to be, an eligible prisoner

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16.—(1) Paragraph (2) applies where an eligible student who is in receipt of a postgraduate doctoral degree loan becomes an eligible prisoner and continues to undertake a designated course.

(2) The Secretary of State must—

(a)adjust future payment of the postgraduate doctoral degree loan or future payments of instalments of the postgraduate doctoral degree loan, so that the total of the postgraduate doctoral degree loan awarded complies with the maximum postgraduate doctoral degree loan amount the student, as an eligible prisoner, is entitled to under regulation 12; and

(b)pay any remaining sum of the postgraduate doctoral degree loan, or any future instalments of the postgraduate doctoral degree loan, in accordance with regulation 13(3).

(3) Paragraphs (4) to (6) apply where an eligible prisoner who is in receipt of a postgraduate doctoral degree loan ceases to be an eligible prisoner and remains an eligible student, and continues to undertake a designated course.

(4) The Secretary of State must pay the remaining sum of the postgraduate doctoral degree loan, or future instalments of the postgraduate doctoral degree loan, in accordance with regulation 13(1).

(5) Where an eligible student (“A”) ceases to be an eligible prisoner and would have qualified for a higher amount of postgraduate doctoral degree loan had A not been an eligible prisoner when A’s loan application was originally determined in accordance with these Regulations, A may apply for the amount of loan to be increased.

(6) The maximum amount of the increase in A’s postgraduate doctoral degree loan for which A may apply under paragraph (5) is the amount which is calculated by reference to the following formula —

Where—

  • F equals the amount which A would have qualified for if A had not been an eligible prisoner;

  • R equals the amount which A qualifies for as an eligible prisoner;

  • T is the number of days of the course which remain when A ceases to be an eligible prisoner beginning with the day after the day on which A ceases to be an eligible prisoner; and

  • M is the total number of days of the duration of the course.

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