The Education (Student Loans) Regulations 1991

Deferment

11.—(1) Subject to the provisions of this regulation, a borrower shall beentitled to defer making repayments of his loan if he satisfies theloans administrator—

(a) that his gross income for the month preceding the month in which heapplies for deferment does not exceed £1055; and

(b) if the loans administrator so requires, that his gross averagemonthly income during the three months immediately following the monthfirst referred to in sub-paragraph (a) will not or is unlikely to exceed£1055.

(2) If a borrower falls within paragraph (1), he shall not be obliged tomake repayments during a period of twelve months beginning with suchdate as may be determined by the loans administrator, being a date notmore than twelve months earlier or one month later than the date onwhich the loans administrator notifies the borrower that it is satisfiedthat he is entitled to defer making repayments.

(3) Notwithstanding deferment a borrower may at any time after givingnotice to the loans administrator resume making repayments at any timebefore the end of the period of deferment.

(4) In determining whether a borrower’s gross monthly income exceeds,will exceed or is likely to exceed the amount specified in paragraph (1)no account shall be taken of any disability-related benefits paid orwhich will or are likely to be paid to him in the months in question.

(5) In paragraph (4)“disability-related benefits” means—

(a) the benefits or allowances payable pursuant to the Social SecurityAct 1975(1) known as invalidity allowance(2), attendance allowance(3), severe disablement allowance(4), mobility allowance(5) and industrial injuries benefit(6); and

(b) disability premium and severe disability premium payable pursuantto the Income Support (General) Regulations 1987(7).

(6) Interest shall accrue on a loan and shall be added to theoutstanding amount thereof during any period of deferment.

(1)

1975 c. 14.

(2)

See section 16, as amended by the Social Security Act1979 (c. 18), Schedule 1, para. 10(a) and (b) and by the Social SecurityAct 1985 (c. 53), section 18(3).

(3)

See section 35, as amended by the National HealthServices Act 1977 (c. 49), Schedule 15, by the Social Security Act 1979,section 2 and Schedule 8, by the Social Security Act 1980 (c. 30),Schedule 1, Part II, by the Social Security Act 1988 (c. 7), and by theSocial Security Act 1989 (c. 24), Schedule 8.

(4)

See section 36, as substituted by the Health and SocialSecurity Act 1984 (c. 48), section 11, and amended by the Social SecurityAct 1989, Schedules 8 and 9.

(5)

See section 37A, inserted by the Social SecurityPensions Act 1975 (c. 60), section 22(1) and amended by the NationalHealth Service Act 1977, Schedule 15, by the National Health Service(Scotland) Act 1978 (c. 29), Schedule 15, by the Social Security Act1979, section 3, by the Social Security Act 1986 (c. 50), section 71, andby the Social Security Act 1989, section 8 and Schedule 7.

(6)

See section 50, as amended by the Social Security andHousing Benefits Act 1982 (c. 24), Schedule 4, and by the Social SecurityAct 1988.

(7)

S.I. 1987/1967; the relevant amending regulations areS.I. 1988/663. See Parts III and IV of Schedule 2.