3.—(1) An eligible student qualifies for an Assembly Learning Grant in connection with a period of full-time study or a period of part-time study subject to and in accordance with these Regulations.
(2) A person is an eligible student in connection with a designated course if:
(a)in assessing his or her application for support the Welsh Ministers determine that the person falls within one of the categories set out in Part 2 of Schedule 1 to the 2008 Regulations;
(b)the person is not excluded by paragraph (3); and
(c)the person has reached the age of 19 on or before 1 September 2009.
(3) A person shall not be an eligible student if:
(a)the only paragraph in Part 2 of Schedule 1 of the 2008 Regulations into which he or she falls is paragraph 9;
(b)the student has, in the opinion of the Welsh Ministers, shown himself or herself by his or her conduct to be unfitted to receive an Assembly Learning Grant;
(c)the student has already received an Assembly Learning Grant in relation to his or her attendance on any course during the Academic Year 2009/2010; or
(d)there has been bestowed on, or paid to the person in relation to the person’s attendance on the course—
(i)a healthcare bursary;
(ii)a Coleg Harlech bursary or an equivalent long course bursary provided by the Residential Colleges Committee or Scottish Further Education Funding Council;
(iii)separate funding by the Welsh Assembly Government in respect of a Work Based Learning Programme(1); or
(iv)such other financial support from public funds as determined by the Welsh Ministers.
Work Based Learning Programmes are delivered under sections 31 to 35 of the Learning and Skills Act 2000 (c. 21). Those sections have been amended by S.I. 2005/3238 (W.243) and section 35 has also been amended by the Special Educational Needs and Disability Act 2001 (c. 10), sections 34(8), 42(6) and Schedule 9; and by the Education and Skills Act 2008 (c. 25), Schedule 1, paragraphs 75 and 76.