The Education (Student Loans) (Repayment) Regulations 2009

Cancellation

19.—(1) This regulation applies where a borrower is not in breach of any obligation to repay:

(a) a student loan under the overseas provisions;

(b) a student loan under regulation 18; or

(c) any loan mentioned in paragraph (4).

(2) In this regulation “post-2006 student loan” means any student loan paid under the 2006 Support Regulations or the 2006 Welsh Regulations or any subsequent Regulations made by the Secretary of State or the Welsh Ministers (as the case may be) under section 22 of the 1998 Act and taken out by—

(a) a borrower who takes out a student loan for the first time in respect of an academic year beginning on or after 1 September 2006; or

(b) a borrower who takes out a student loan in respect of a course which satisfies the following conditions–

(i) it begins on or after 1 September 2006;

(ii) it is not an end-on course following on from a course which the borrower began before 1 September 2006; and

(iii) it is not one to which the borrower’s status as a student eligible for support under Regulations made under section 22 of the 1998 Act has been transferred from another course which the borrower began before 1 September 2006.

(3) The Authority or loan purchaser must cancel the borrower’s liability to repay the student loan when one of the following occurs—

(a) the borrower dies;

(b) the borrower receives a disability-related benefit and because of the disability is permanently unfit for work;

(c) in the case of post-2006 student loans, the 25^th anniversary of the date on which the borrower became liable to repay the student loan; or

(d) in the case of student loans which are not post-2006 student loans, the borrower reaches the age of 65.

(4) For the purposes of paragraph (1) the loans are loans made under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and Regulations made under it, and the Education (Student Support) (Northern Ireland) Order 1998(1) and Regulations made under it.

(5) The cancellation of the borrower’s liability to repay the student loan under paragraph (3) does not affect the liability of the borrower to make repayments under Part 3 subject to and in accordance with that Part in respect of any tax year—

(a) in the case of cancellation under paragraph (3)(a), during which the borrower was alive; and

(b) in any other case, preceding the tax year during which the student loan was cancelled.

(6) The cancellation of a borrower’s liability to repay the student loan under paragraph (3) does not affect the employer’s liability to make deductions under Part 4 subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.

(1)

SI 1998/1760 (NI. 14) as amended by the Learning and Skills Act 2000 (c.21) section 147(3)(a) and (b) and the Higher Education (Northern Ireland) Order 2005 (SI 2005/1116 (NI. 5)).