The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

Timing of repayments: general N.I.

11.—(1) A borrower may repay all or any part of a student loan to the Department at any time, by making direct payments to the Department.

(2) [F1 Subject to paragraphs (2A) to (2D), a] borrower is not required to repay any part of the student loan before the start of the following tax year commencing on 6th April after a borrower ceases to be eligible for financial support under regulations made pursuant to Article 3 of the Order, whether by reason of having completed that course or otherwise.

[F2 (2A) Where a borrower obtains a student loan which is a distance learning fee loan or a part-time fee loan, the borrower is not required to repay any part of that student loan until the earlier of—

(a) the start of the following tax year commencing on 6^th April after the borrower ceases to be eligible for financial support under regulations made pursuant to Article 3 of the Order whether by reason of having completed that course or otherwise; or

(b) the start of the following tax year commencing on 6^th April after the fourth anniversary of the course start date.

(2B) Subject to paragraphs (2C) and (2D), a borrower who obtains a student loan and who changes their mode of study between full-time, (other than a designated distance learning course), and part-time study is required to repay—

(a) where there is a change from a full-time course to a part-time course, in accordance with paragraph (2A);

(b) where there is a change from a part-time course to a full-time course before the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2);

(c) where there is a change from a part-time course to a full-time course and the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2A).

(2C) A borrower who obtains a student loan and who changes their mode of study between a designated distance learning course and a designated part-time course is required to repay in accordance with paragraph (2A).

(2D) A borrower who obtains a student loan and who changes their mode of study, in accordance with the 2009 Regulations, between a designated course, (which is not a designated distance learning course), and a designated distance learning course is required to repay—

(a) where there is a change from a designated course into a designated distance learning course, in accordance with paragraph (2A);

(b) where there is a change from a designated distance learning course into a designated course before the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2);

(c) where there is a change from a designated distance learning course into a designated course and the requirement to repay under paragraph (2A) applies, in accordance with paragraph (2A).

(2E) Paragraphs (2) to (2D) have effect notwithstanding the fact that a borrower may become eligible for further financial support under regulations made pursuant to Article 3 of the Order.]

(3) Subject to paragraphs (7) and (8), the Department must notify the borrower and HMRC of—

(a) the first or, as the case may be, next tax year in respect of which the borrower may be required to make repayments under Part 3;

(b) the date on and after which a borrower may be required to make repayments by deductions from earnings under Part 4;

(c) the tax year in which the borrower will cease to be required to make repayments under Part 3 because of the occurrence of a relevant event; and

(d) the date on and after which a borrower will cease to be required to make repayments by way of deduction from earnings under Part 4 because of the occurrence of a relevant event.

(4) For the purposes of paragraph (3)(c), a “relevant event” occurs when—

(a) the loan has been repaid in full to the Department;

(b) an amount sufficient to repay the balance owing to the Department is likely to be received by HMRC under Part 4 or by the Department directly from overseas borrowers by 30th April in the tax year immediately following the tax year in which the notice is issued; or

(c) the loan has been cancelled.

(5) For the purposes of paragraph (3)(d), a ‘relevant event’ occurs when—

(a) the loan has been repaid in full to the Department;

(b) an amount sufficient to repay in full the balance owing to the Department is likely to be received by HMRC under Parts 3 and 4 and by the Department directly from overseas borrowers by the date given in the notice;

(c) the loan has been cancelled; or

(d) the borrower has undertaken to repay the loan in full after the date given in the notice in accordance with regulation 13 and meets the criteria of that regulation.

(6) The Department must not issue a notice under paragraph (3)(c) after the end of the calendar year during which the tax year specified in the notice ends.

(7) Where the Department has notified a borrower and HMRC that repayments under Parts 3 and 4 must no longer be made but at a later date it appears to the Department that the student loan has not been fully repaid, then a further notice may be given in accordance with paragraph (3).

(8) No notice need be given under paragraph (3)(a) or (b) if the borrower’s loan does not exceed £120.

(9) Any notice which the Department is required to give to HMRC pursuant to this regulation may be given in respect of one or more than one borrower, and in respect of each borrower, the Department must provide the particulars required in paragraph (3).

(10) Any notice given by the Department pursuant to the Education (Student Loan) (Repayment) Regulations (Northern Ireland) 2000 prior to the coming into operation of these Regulations is to be treated as having been given pursuant to these Regulations.

Textual Amendments

F1 Words in reg. 11(2) substituted (with application in accordance with reg. 1(2) of the amending S.R.) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 50(a)

F2 Reg. 11(2A)-(2E) inserted (with application in accordance with reg. 1(2) of the amending S.R.) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 50(b)

Commencement Information

I1 Reg. 11(5)(d) in operation at 21.12.2009, see reg. 1(3)

I2 Reg. 11 in operation at 6.4.2009, see reg. 1(1)