The Education (Student Support) (No.2) Regulations 2008

PART 8 INTEREST AND INSOLVENCY

Interest

93.—(1) Subject to paragraph (2), loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980(1) equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2008 and that index so published for March 2009.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974(2) loans bear interest at the rate so specified.

(3) Interest is calculated on the principal outstanding daily and is added to the principal monthly.

(4) The index of prices to which the Secretary of State is required by section 22(8) of the 1998 Act(3) to have regard in prescribing the rate of interest which loans bear is the retail prices all items index mentioned in paragraph (1).

Insolvency

94.—(1) In England and Wales—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for the bankrupt’s estate under section 307 or 310 of the Insolvency Act 1986(4) any sum payable to an eligible student by way of a loan and which the eligible student receives or is entitled to receive after the commencement of the bankruptcy, whether the entitlement arises before or after the commencement of the bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a loan and which that person receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.

(2) In Northern Ireland—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for the bankrupt’s estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989(5) any sum payable to an eligible student by way of a loan and which the eligible student receives or is entitled to receive after the commencement of the bankruptcy, whether the entitlement arises before or after the commencement of the bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of loan and which that person receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 1st March 2005, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy.

(3) In this regulation, “loan” means a loan pursuant to regulations made by the Secretary of State, the National Assembly for Wales or the Welsh Ministers under section 22 of the 1998 Act, including the interest on the loan and any penalties or charges incurred in connection with it.

(1)

S.I. 1980/51, amended by S.I. 1989/596 and S.I. 1999/3177.

(2)

1974 c. 39.

(3)

Section 22(8) was amended by the Higher Education Act 2004 (c. 8), Schedule 7.

(4)

1986 c. 45; section 307 was amended by the Enterprise Act 2002 (c. 40), section 261. Section 310 was amended by the Pensions Act 1995 (c. 26), section 122 and Schedule 3, paragraph 15, the Welfare Reform and Pensions Act 1999 (c. 30), section 18 and Schedule 2, paragraph 2 and the Enterprise Act 2002, sections 259 and 278 and Schedule 26.

(5)

S.I. 1989/2405 (N.I. 19); Article 283 was amended by the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), Schedule 1, paragraph 11.