The Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2016

Title and commencement

1.—(1) The title of these Regulations is the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2016.

(2) These Regulations come into force on 1 August 2016.

Application

2.  These Regulations apply in relation to Wales and to the provision of support to students in respect of the Academic Year 2016/2017.

Interpretation

3.  In these Regulations—

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“the 2008 Act” (“Deddf 2008”) means the Sale of Student Loans Act 2008(1);

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 September, 1 January, 1 April or 1 July of the calendar year in which the academic year of the course in question begins, according to whether that academic year begins on or after 1 August but before 1 January, on or after 1 January but before 1 April, on or after 1 April but before 1 July, or on or after 1 July but before 1 August, respectively;

“Academic Year 2016/2017” (“Blwyddyn Academaidd 2016/2017”) means an academic year which begins on or after 1 September 2016 but before 1 September 2017;

“the borrower” (“y benthyciwr”) means a person who has received a loan for living costs from the Welsh Ministers in respect of the Academic Year 2016/2017;

“loan for living costs” (“benthyciad at gostau byw”) is a loan received from the Welsh Ministers in respect of the Academic Year 2016/2017 under regulations made pursuant to section 22 of the 1998 Act(2);

“the Outstanding Liability” (“yr Atebolrwydd sydd heb ei Dalu”) has the meaning given in regulation 7;

“the Repayment Date” (“y Dyddiad Ad-dalu”) means the day after the date on which the borrower’s first loan repayment is considered to have been received by either Her Majesty’s Revenue and Customs or the Welsh Ministers, whichever is considered (in accordance with regulations made under section 22 of the 1998 Act (3)) to have received it first;

“the Satisfaction Date” (“y Dyddiad Bodloni”) has the meaning given in regulation 9;

“the Specified Amount” (“y Swm Penodedig”) has the meaning given in regulation 6; and

“Welsh Ministers” (“Gweinidogion Cymru”) includes any person to whom they have transferred or delegated their functions under section 23 of the 1998 Act(4) or to whom they have transferred their rights under section 9 of the 2008 Act.

Qualification for cancellation

4.  A borrower qualifies for cancellation of the Specified Amount of their Outstanding Liability in the circumstances set out in regulation 5 (“the Circumstances”).

Circumstances

5.  The Circumstances for the purposes of regulation 4 are that—

(a) the borrower has received a loan for living costs; and

(b) the Welsh Ministers consider that, on the Repayment Date, the borrower—

(i) is not in breach of any obligation contained in any agreement for a student loan or in any regulations made under section 22 of the 1998 Act;

(ii) does not have outstanding penalties, costs, expenses or charges in relation to such a loan pursuant to any such agreement or regulations; and

(iii) has not received a cancellation under the provisions of the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2010(5), the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2011(6), the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2012(7), the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2013(8), the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2014(9), or the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2015(10) of any of their liability for payment in respect of a loan received from the Welsh Ministers.

Specified Amount

6.  The Specified Amount for cancellation to which regulation 4 refers is the lesser of—

(a) £1,500;

(b) the Outstanding Liability.

Outstanding Liability

7.—(1) Subject to paragraph (2), the Outstanding Liability is the total amount considered to be payable by the borrower on the Repayment Date in respect of any loan for living costs, but does not include any interest accrued on that loan, or penalties, costs, expenses or charges incurred in respect of any such loan.

(2) For the purposes of regulation 9, the Outstanding Liability is the total amount considered to be payable by the borrower on the Satisfaction Date in respect of any loan for living costs, but does not include any interest accrued on that loan, or penalties, costs, expenses or charges incurred in respect of any such loan.

(3) For the purposes of calculating the Outstanding Liability in paragraphs (1) and (2), the amount considered to be payable by the borrower is calculated in accordance with regulations made pursuant to section 22 of the 1998 Act(11).

Cancellation

8.  In the Circumstances in regulation 5, the Welsh Ministers must cancel the Specified Amount with effect from the Repayment Date.

9.  If any of the Circumstances in regulation 5(b) are not satisfied on the Repayment Date, but they become satisfied at a later date, the Welsh Ministers may cancel the Specified Amount with effect from the date that they consider the Circumstances to have been satisfied (“the Satisfaction Date”).

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

19 January 2016