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The Education (Student Loans) Regulations 1993

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Deferment

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

(a)that his gross income for the month preceding the month in which he applies for deferment does not exceed the product of £1,130 and the annual adjustment; and

(b)if the loans administrator so requires, that his gross average monthly income during the three months immediately following the month first referred to in sub-paragraph (a) will not or is unlikely to exceed that amount.

(2) For the purposes of paragraph (1) “the annual adjustment” means the average earnings index for March 1993 divided by the average earnings index for March 1992; and “the average earnings index” means the general index of average earnings (for all employees: whole economy: seasonally adjusted) published by the Department of Employment or, if that index is not published for a month for which it is relevant for the purposes of this regulation, any substituted index or index figures published by that Department.

(3) If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date not more than twelve months earlier or one month later than the date on which the loans administrator notifies the borrower that it is satisfied that he is entitled to defer making repayments.

(4) Notwithstanding deferment a borrower may, after giving notice to the loans administrator, resume making repayments at any time before the end of the period of deferment.

(5) 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 or which will or are likely to be paid to him in the months in question.

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

(a)the benefits or allowances payable pursuant to the Social Security Act 1975(1) known as invalidity benefit(2), severe disablement allowance(3), disability living allowance(4) and industrial injuries benefit(5);

(b)disability premium and severe disability premium payable pursuant to the Income Support (General) Regulations 1987(6); and

(c)disability working allowance payable under section 20 of the Social Security Act 1986(7).

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

(2)

See section 12(1)(c).

(3)

See section 34(1)(b), as amended by the Health and Social Security Act 1984 (c. 48), Schedule 4, paragraph 3 and the Social Security Act 1990 (c. 27), section 2(3).

(4)

See section 37ZA, inserted by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), section 1.

(5)

See section 50(1) and (1A); section 50(1) was substituted by the Social Security Act 1986 (c. 50), Schedule 3, paragraph 2, and section 50(1A) was inserted by the Social Security Act 1988 (c. 7), Schedule 4, paragraph 11.

(6)

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

(7)

Section 20 was amended by section 6 of the Disability Living Allowance and Disability Working Allowance Act 1991.

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