The Education (Student Loans) (Repayment) (Amendment) (Wales) Regulations 2007

Amendment of Education (Student Loans) (Repayment) Regulations 2000

6.  For regulation 12, substitute the following —

“12.— (1) This regulation applies in relation to Wales.

(2) This regulation applies where a borrower is not in breach of any obligation to repay a student loan under Part 5 or any obligation to repay any loan mentioned in paragraph (5).

(3) In this regulation “post-2006 student loan” means any student loan paid under the 2006 Welsh Regulations or any subsequent regulations made by the Welsh Ministers under section 22 of the Act and taken out by the following —

(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 he or she began before 1 September 2006; and

(iii) it is not one to which his or her status as a student eligible for support under regulations made under section 22 of the Act has been transferred from another course which he or she began before 1 September 2006.

(4) The Welsh Ministers must cancel the borrower’s liability to repay his or her student loan when one of the following occurs —

(a) the borrower dies;

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

(c) in the case of post-2006 student loans, the 25th 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.

(5) The loans mentioned in this paragraph are loans made under the Education (Student Loans) Act 1990(1), the Education (Student Loans) (Northern Ireland) Order 1990(2), the Education (Scotland) Act 1980(3) and regulations made under it and the Education (Student Support) (Northern Ireland) Order 1998(4) and regulations made under it.

(6) The cancellation of the borrower’s liability to repay his or her student loan under paragraph (4) does not affect his or her liability to make repayments under Part 3 subject to and in accordance with that Part in respect of any year of assessment —

(a) in the case of cancellation under paragraph (4)(a), during which the borrower was alive; and

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

(7) The cancellation of a borrower’s liability to repay his or her student loan under paragraph (4) does not affect his or her liability to make repayments by way of deductions made under Part 4 subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.”.

(1)

1990 c. 6: repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4.

(2)

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), article 43 and Schedule 5 Part 11, S.I. 1996/1918 (N.I. 15), article 3 and the Schedule and S.I. 1998/258 (N.I. 1), articles 3 to 6.

(3)

1980 c. 44: amended by the Teaching and Higher Education Act 1998 (c. 30), section 29; the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3; and the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10.

(4)

S.I. 1998/1760 (N.I. 14).