; (3) to make an inquiry of, or to consider the age of, an elderly applicant when the age of that applicant is to be used by the creditor in the extension of credit in favor of the applicant; or (4) to use any empirically derived system that considers the expected future income of an applicant to determine whether to approve an application or to establish the financial and other terms of an income share agreement, if that empirically derived system is demonstrably and statistically sound and reasonably designed such that approved applicants are all reasonably expected to pay substantially similar effective annual percentage rates as other similarly situated applicants, except that in accordance with any regulations of the Bureau in the operation of such a system to project an applicant’s expected future income, an ISA provider— (A) may not consider an applicant’s status as a member or potential member of any of the classes described in subsection (a); (B) may consider an applicant’s current employment status, current debt and other financial obligations, or current and past income (as of the date of application); or (C) in the case of educational ISAs, may consider the historical income of consumers who have made comparable progress toward the completion of the educational program in which the applicant is or is expected to be enrolled or toward a reasonably comparable educational program. (c) Additional activities not constituting discrimination It shall not be a violation of subsection (a) for an ISA provider to refuse to extend an income share agreement— (1) that is offered pursuant to— (A) any financial assistance program expressly authorized by law for an economically disadvantaged class of persons; (B) any financial assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose financial assistance program that— (i) is carried out by a for-profit organization to meet special social needs