PART 2
Amendment of the Education (Student Loans) (Repayment) Regulations 200919
The Education (Student Loans) (Repayment) Regulations 2009 are amended in accordance with this Part.
Amendment of regulation 320
1
Regulation 3 (interpretation) is amended as follows.
2
In paragraph (1)—
a
for the definition of “the 2016 Postgraduate Regulations”25, substitute –
“the 2016 Master’s Degree Regulations” means the Education (Postgraduate Master’s Degree Loans) Regulations 2016
b
after the definition of “the 2017 Postgraduate Wales Regulations”26, insert—
“the 2018 Doctoral Degree Regulations” means the Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018;
c
in the definition of “the Authority”27, in paragraph (a) omit “master’s”;
d
in the definition of “borrower”28, in paragraph (b) omit “master’s”;
e
in the definition of “loan purchaser”29, omit “master’s”;
f
for the definition of “postgraduate master’s degree loan”30, substitute –
“postgraduate degree loan” means the total outstanding—
- a
principal owed by a person to the Authority in respect of –
- i
a postgraduate master’s degree loan pursuant to Part 1 of the 2016 Master’s Degree Regulations;
- ii
a postgraduate master’s degree loan pursuant to Part 4 of the 2017 Postgraduate Wales Regulations; or
- iii
a postgraduate doctoral degree loan pursuant to Part 1 of the 2018 Doctoral Degree Regulations, and
- b
interest, penalties and charges owed by a person to the Authority pursuant to these Regulations in connection with the loan made pursuant to the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations, or the 2018 Doctoral Degree Regulations,
excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meaning given to it in regulation 7;
g
for the definition of “postgraduate master’s degree loan borrower”31, substitute –
“postgraduate degree loan borrower” means a person—
- a
to whom the Authority has lent money in respect of a postgraduate degree loan; and
- b
who has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;
h
in the definition of “repayment”32, omit “master’s”;
i
in the definition of “repayment threshold”33, in paragraph (c) omit “master’s”;
j
for the definition of “student loan”34, substitute —
“student loan” means the total outstanding principal, interest, penalties and charges owed by a person—
- a
to the Secretary of State, pursuant to—
- i
these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Master’s Degree Regulations or the 2018 Doctoral Degree Regulations; and
- ii
any other Regulations made under section 22 of the 1998 Act, other than the 2016 Master’s Degree Regulations or the 2018 Doctoral Degree Regulations,
- b
to the Welsh Ministers, pursuant to—
- i
these Regulations, other than any interest, penalties and charges owed in connection with the 2017 Postgraduate Wales Regulations; and
- ii
any other Regulations made under section 22 of the 1998 Act, other than the 2017 Postgraduate Wales Regulations,
excluding any interest, penalties or charges payable under Part 3 or 4, and also has the meanings given to it in regulations 6 and 7;
3
In paragraph (2)35, for “other than the 2016 Postgraduate Regulations or the 2017 Postgraduate Wales Regulations”, substitute –
other than the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations
Amendment of regulation 421
In regulation 436 (application: general), omit “master’s”.
Amendment of regulation 722
In regulation 7(1)37 (application to transferred loans in England and Wales)—
a
for the definition of “postgraduate master’s degree loan”38, substitute —
“postgraduate degree loan” means, subject to any provisions of transfer arrangements, the total outstanding—
- a
principal owed by a person to a loan purchaser in respect of—
- i
a postgraduate master’s degree loan pursuant to the 2016 Master’s Degree Regulations;
- ii
a postgraduate master’s degree loan pursuant to the 2017 Postgraduate Wales Regulations; or
- iii
a postgraduate doctoral degree loan pursuant to the 2018 Doctoral Degree Regulations; and
- b
interest, penalties and charges owed by a person to a loan purchaser pursuant to these Regulations in connection with the loan made pursuant to the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations; and
b
for the definition of “student loan”39, substitute —
“student loan” means, subject to any provisions of transfer arrangements, the total outstanding principal, interest, penalties and charges owed by a person to a loan purchaser pursuant to—
- a
these Regulations, other than any interest, penalties and charges owed in connection with the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations; and
- b
any other Regulations made under section 22 of the 1998 Act, other than the 2016 Master’s Degree Regulations, the 2017 Postgraduate Wales Regulations or the 2018 Doctoral Degree Regulations.
Amendment of regulation 1523
1
Regulation 15 (timing of repayments: general) is amended as follows.
2
In paragraph (1)40, omit “master’s”.
3
For paragraph (2ZA)41, substitute —
2ZA
Subject to paragraph (2C) a postgraduate degree loan borrower is not required to repay –
a
any part of a postgraduate master’s degree loan, before the start of the following tax year commencing on 6 April after the borrower ceases to be eligible for a loan under Part 1 of the 2016 Master’s Degree Regulations or Part 4 of the 2017 Postgraduate Wales Regulations, whether by reason of having completed that course or otherwise;
b
any part of a postgraduate doctoral degree loan, until the earlier of—
i
the start of the following tax year commencing on 6 April after the borrower ceases to be eligible for a loan under Part 1 of the 2018 Doctoral Degree Regulations, whether by reason of having completed that course or otherwise; or
ii
the start of the following tax year commencing on 6 April after the fourth anniversary of the course start date.
4
For paragraph (2C)42, substitute –
A borrower is not required to repay any part of the postgraduate degree loan under paragraph (2ZA) before 6 April 2019.
5
In paragraph (7)43, omit “master’s”.
Amendment of regulation 1824
In paragraph (1)(a)44 (direct debit repayment), omit “master’s”.
Amendment of regulation 1925
In regulation 1945 (cancellation), omit “master’s” each time it appears.
Amendment of regulation 2026
In regulation 2046 (refunds), omit “master’s” each time it appears.
Amendment of regulation 20A27
In regulation 20A47 (excess payments: more than one loan), in paragraph (1)(a)(i) and (ii), omit “master’s”.
Amendment of regulation 21B28
1
Regulation 21B48 (interest rate on postgraduate master’s degree loans) is amended as follows.
2
In the heading, omit “master’s”.
3
In paragraph 1, omit “master’s”.
4
For paragraph 2, substitute –
Interest accrues as of the date that the first payment of the loan is paid out under –
a
regulation 13 of the 2016 Master’s Degree Regulations;
b
regulation 13 of the 2017 Postgraduate Wales Regulations; or
c
regulation 13 of the 2018 Doctoral Degree Regulations.
Amendment of regulation 2529
In regulation 25(3)49 (costs and expenses), omit “master’s”.
Amendment of regulation 2730
In regulation 2750 (foreclosure), omit “master’s”.
Amendment of regulation 2831
In the heading of regulation 2851 (repayments of student loans and postgraduate master’s degree loan by persons required to submit a tax return), omit “master’s”.
Amendment of regulation 2932
In regulation 2952 (time for and amount of repayments), omit “master’s” each time it appears.
Amendment of regulation 3333
In regulation 3353 (other returns and information), in paragraph (3)(b) and (d)(i), omit “master’s”.
Amendment of regulation 4134
In regulation 41 (interpretation), in the definition of “combined amount”54 omit “master’s”.
Amendment of regulation 4235
In the heading of regulation 4255 (repayment of student loans or postgraduate master’s degree loans by employees), omit “master’s”.
Amendment of regulation 4336
In regulation 43(2)56 (commencement of employment with a non-Real Time Information employer), omit “master’s”.
Amendment of regulation 43A37
In regulation 43A57 (commencement of employment with a Real Time information employer), omit “master’s”.
Amendment of regulation 4438
In regulation 4458 (amount of repayments), omit “master’s” each time it appears.
Amendment of regulation 5039
In regulation 5059 (deductions of repayments), omit “master’s” each time it appears.
Amendment of regulation 5540
Regulation 5560 (notice and certificate when repayments deducted not paid), omit “master’s” each time it appears.
Amendment of regulation 5641
In regulation 5661 (notice of specified amount and certificate when repayments not deducted), omit “master’s” each time it appears.
Amendment of regulation 5742
In regulation 57(2)62 (recovery of payments deducted through the income tax system), omit “master’s”.
Amendment of regulation 5943
In regulation 59(9)63 (returns by employers), omit “master’s”.
Amendment of regulation 6044
In regulation 60(4)(a)64 (inspection of employers’ records), omit “master’s”.
Amendment of regulation 6145
In regulation 61(2)(b)65 (powers to obtain information), omit “master’s”.
Amendment of regulation 6746
In regulation 6766 (cessation of employment), in paragraphs (b) and (ba) omit “master’s”.
Amendment of regulation 6847
In regulation 68(3)67 (penalties), omit “master’s”.
Amendment of regulation 7348
In regulation 7368 (notice of liability to make repayments), in paragraph (1) and (2) omit “master’s”.
Amendment of regulation 7549
In regulation 7569 (repayment by income-related instalments), omit “master’s” each time it appears.
Amendment of regulation 7650
In regulation 7670 (calculation of fixed instalment and applicable threshold), omit “master’s” each time it appears in the third column of the table.
Amendment of regulation 7751
In regulation 77(1)(b)71 (application to cease repayment by instalments), omit “master’s”.
Amendment of regulation 8052
1
Regulation 80 (effect of borrower insolvency on student loans and postgraduate master’s degree loans), is amended as follows.
2
In the heading72, omit “master’s”.
3
In paragraph 273, omit “master’s” each time it appears.
4
In paragraph 374, omit “master’s” each time it appears.