38.—(1) An eligible student qualifies for a grant under this Part provided that the student—
(a)is not excluded from qualification by any of the following paragraphs; and
(b)satisfies the qualifying conditions for the particular grant for which the student is applying.
(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.
(3) An eligible student does not qualify for a grant under this Part in respect of —
(a)an academic year which is a bursary year;
(b)an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or
(c)a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.
(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.
(6) For the purposes of paragraph (5), “unpaid service” means—
(a)unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;
(b)unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;
(c)unpaid service in the prison or probation and aftercare service in the United Kingdom;
(d)unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or
(e)unpaid service with—
(i)a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006 or a Special Health Authority established pursuant to section 28 of that Act (1);
(ii)a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act (2);
(iii)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(3); or
(iv)a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(4).
(7) Subject to paragraph (8), where one of the events listed in regulation 18 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.
(8) Where the state of which the student is a national accedes to the European Community the student may qualify for a grant under this Part only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course.
(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.
(10) Paragraph (9) does not apply in respect of disabled students’ allowance.
S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.