PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY

6 Eligible students
1 An eligible student qualifies for support in connection with the student’s attendance on a designated course subject to and in accordance with these Regulations.
2 Subject to paragraphs (3) and (7), a person is an eligible student in connection with a designated course if—
(a) the academic authority notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on a designated course by the academic authority; and
(b) the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1.
3 A person (“A”) is not an eligible student if—
(a) subject to paragraph (4), A has attended a postgraduate or comparable course of at least one academic year’s duration;
(b) A is in breach of an obligation to repay any loan;
(c) A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or
(d) A has, in the opinion of the Secretary of State, shown by A’s conduct to be unfitted to receive support.
4 Paragraph (3)(a) does not apply where the person has attended a postgraduate or comparable course of at least one academic year’s duration but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course.
5 For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.
6 In the case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) applies only if the agreement was made—
(a) before 25th September 1991; and
(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
7 The number of eligible students must not exceed 11.
8 An eligible student shall not, at any one time, qualify for support for more than one designated course.
9 The Secretary of State may take such steps and make such enquiries as the Secretary of State considers necessary to determine whether a person is an eligible student.
10 The Secretary of State must inform a person who has been notified to the Secretary of State under paragraph (2)(a) whether that person qualifies as an eligible student.
11 A person who has received notification from the Secretary of State under paragraph (10) that that person is an eligible student in connection with a designated course must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that the Secretary of State requests in order to determine the amount of support payable under these Regulations.
12 The deadline for receipt of financial information is 31st July 2010 or, in the case of grants payable under regulation 15(6), 28th February 2011.
13 The Secretary of State must notify an eligible student of the amount of support payable, if any.