MSc Pre-registration Occupational Therapy

Hello, my Full-time OT MSc course is suitable for undergraduate funding via SLC. However, Sheffield Hallam University are charging a fee of £10940pa.
SHU students union contacted SLC and they were told that "as a fee cap provider, any course offered by Sheffield Hallam that attracts undergraduate funding is subject to the fee cap"
However, SHU themselves say
"The regulation that controls the fee limits for universities is the Higher Education and Research Act 2017. Regulation 10 of that act sets the mandatory fee limit conditions for certain providers. This section essentially says that the OFS must ensure that registered providers adhere to the appropriate fee limit for higher education courses. In that section in 10.9 it gives the definition of 'higher education courses' as not including any postgraduate courses other than a course of initial teacher training. So because the MSc OT course is a postgraduate course which is not an ITT course, it is not subject to the fee limit."
Which of these positions is correct? The vast majority of institutions offering Pre-registration MSc courses do charge the fee cap amount. There are a few older conversations about this topic on this forum, but none seem resolved.