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38.—(1) An eligible student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student satisfies the condition in paragraph (2) and is not excluded by paragraph (3) or regulation 7.
(2) The condition is that the eligible student is under the age of 60 on the relevant date.
(3) An eligible student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.
(4) An old system eligible student who falls within paragraph (a) or (d)(i) of the definition of “old system eligible student” in regulation 2 qualifies for a loan for living costs in connection with his or her attendance on a designated course if he or she is under the age of 60 on the relevant date.
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