5. In regulation 110, after paragraph (8) insert—
“(8A) Subject to paragraph (8B), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Secretary of State it would be appropriate in all the circumstances for support to be paid in respect of that day.
(8B) In deciding whether it would be appropriate for support to be due under paragraph (8A) the circumstances to which the Secretary of State must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.”