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—

    1. a

      principal owed by a person to the Authority in respect of –

      1. i

        a postgraduate master’s degree loan pursuant to Part 1 of the 2016 Master’s Degree Regulations;

      2. ii

        a postgraduate master’s degree loan pursuant to Part 4 of the 2017 Postgraduate Wales Regulations; or

      3. iii

        a postgraduate doctoral degree loan pursuant to Part 1 of the 2018 Doctoral Degree Regulations, and

    2. 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—

    1. a

      to whom the Authority has lent money in respect of a postgraduate degree loan; and

    2. 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—

    1. a

      to the Secretary of State, pursuant to—

      1. 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

      2. 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,

    2. b

      to the Welsh Ministers, pursuant to—

      1. i

        these Regulations, other than any interest, penalties and charges owed in connection with the 2017 Postgraduate Wales Regulations; and

      2. 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—

    1. a

      principal owed by a person to a loan purchaser in respect of—

      1. i

        a postgraduate master’s degree loan pursuant to the 2016 Master’s Degree Regulations;

      2. ii

        a postgraduate master’s degree loan pursuant to the 2017 Postgraduate Wales Regulations; or

      3. iii

        a postgraduate doctoral degree loan pursuant to the 2018 Doctoral Degree Regulations; and

    2. 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—

    1. 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

    2. 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.