The Education (Student Loans) (Repayment) Regulations 2009

Interpretation U.K.

9.—(1) In this Part—

“2006 Support Regulations” means the Education (Student Support) Regulations 2006(1).

“the 2006 Welsh Regulations” means the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006(2);

[F1 “course start date” means 1 January, 1 April, 1 July or 1 September of the calendar year where the first day of the course is on or after 1 January and before 1 April, on or after 1 April and before 1 July, on or after 1 July and before 1 August or on or after 1 August and on or before 31 December, respectively;]

“date of receipt” in relation to a repayment is to be construed in accordance with regulation 17;

“disability–related benefit” means long-term incapacity benefit or short-term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992(3), [F2 personal independence payment under Part 4 of the Welfare Reform Act 2012,] [F3 armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,] or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987(4);

“end-on course” means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph (2) for which the student received or was entitled to receive an award made under the Education (Mandatory Awards) Regulations 1998(5) (other than an award within the meaning of the Education (Mandatory Awards) Regulations 2003(6)), or financial support under Student Support Regulations; and

(b)

a full-time honours degree course beginning on or after 1^st September 2006 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive any of the financial support referred to in paragraph (a); and

“Student Support Regulations” means–

(c)

in relation to England, any Regulations made in or in relation to any academic year commencing in or after 1998 pursuant to section 22 of the 1998 Act and which regulate or define the entitlement of a borrower to loans and the extent of any financial support available including Regulations made after the date of these Regulations; and

(d)

in relation to Wales, any Regulations made pursuant to section 22 of the 1998 Act which regulate or define the entitlement of a borrower to loans and the extent of any financial support available made-

(i)

by the Secretary of State in or in relation to any academic year beginning in or after 1998 but before 2006; and

(ii)

by the Welsh Ministers for the academic year beginning in 2006, or any subsequent academic year, including Regulations made after the date of these Regulations.

(2) The courses mentioned in this paragraph are a course for the Diploma of Higher Education, and a course for the Higher National Diploma or Higher National Certificate of–

(a) the Business & Technician Education Council; or

(b) the Scottish Qualifications Authority.

Textual Amendments

F1 Words in reg. 9(1) inserted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 4

F2 Words in reg. 9(1) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 44

F3 Words in reg. 9 inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 42(2)

Commencement Information

I1 Reg. 9 in force at 6.4.2009, see reg. 1(1)

(1)

SI 2006/119 amended by SI 2006/955 and 2006/1745.

(2)

SI 2006/126 (W.19)

(3)

1992 c.4, amended by the Social Security (Incapacity for Work) Act 1994 (c.18) sections 1 to 3, 5 to 6, 8 to 11 and Schedules 1 and 2. The provisions of the 1992 Act and the amendments of the 1994 Act are repealed by the Welfare Reform Act 2007 (c.5) sections 23 and 67 and Schedules 3 and 8 from a date to be appointed (see section 70(2)).

(4)

SI 1987/1967 (see parts 3 and 4 of Schedule 2) ; relevant amending Regulations are SI 1988/663, 1988/2022, 1989/1678, 1991/2742, 1993/2119, 1994/2139, 1994/3061, 1995/482, 1995/515 , 1997/543, 2000/681, 2002/3019, 2003/2379, 2007/688 and 2007/719.

(5)

SI 1998/116, amended by SI 1998/1972.

(6)

SI 2003/1994, amended by SI 2004/1038, 2005/2083, 2006/930, 2007/1629 and 2008/1477.