The Education (Student Loans) (Repayment) Regulations 2009

PART 6 Insolvency

Effect of borrower insolvency on student loans

80.—(1) In this Part, “eligible student” means any person who is an eligible student—

(a) in England, for the purposes of the Education (Student Support) (No 2) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act;

(b) in Wales, for the purposes of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act; or

(c) In Northern Ireland, for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2008(1) or any subsequent Regulations made under the Education (Student Support) (Northern Ireland) Order 1998.

(2) In England and Wales—

(a) any sum payable to an eligible student by way of a student loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under section 307 or 310 of the Insolvency Act 1986(2), whether the entitlement arises before or after the commencement of the bankruptcy; and

(b) 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 student loan will not be included in that person’s bankruptcy debts when the person receives or is entitled to receive that sum–

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

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

(3) In Northern Ireland—

(a) any sum payable to an eligible student by way of a student loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989(3), whether the entitlement arises before or after the commencement of the bankruptcy; and

(b) 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 student loan will not be included in that person’s bankruptcy debts when the person receives or is entitled to receive that sum–

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

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

(1)

SR. 2008/250

(2)

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.

(3)

SI 1989/2405 (NI. 19); Article 280 was amended by the Insolvency (Northern Ireland) Order 2005 (SI 2005/1455 (NI. 10)). Article 283 was amended by the Pensions (Northern Ireland) Order 1995 (SI 1995/3213 (NI. 22)) Schedule 1, paragraph 11, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (SI 1999/3147 (NI. 11)) and the Insolvency (Northern Ireland) Order 2005 Articles 15 and 31 and Schedule 9.