The Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2021
Title and commencement
1.
(1)
The title of these Regulations is the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2021.
(2)
These Regulations come into force on 1 August 2021.
Application
2.
These Regulations apply in relation to Wales and to the provision of support to students in respect of the Academic Year 2021/2022.
Interpretation
3.
In these Regulations—
“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;
“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 2021/2022” (“Blwyddyn Academaidd 2021/2022”) means an academic year which begins on or after 1 September 2021 but before 1 September 2022;
“borrower” (“benthyciwr”) means a person who has received a loan for living costs;
“Outstanding Liability” (“Atebolrwydd sydd heb ei Dalu”) has the meaning given in regulation 7;
“Satisfaction Date” (“Dyddiad Bodloni”) has the meaning given in regulation 9;
“Specified Amount” (“Swm Penodedig”) has the meaning given in regulation 6;
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 the Welsh Ministers consider that, on the Repayment Date, the borrower—
(a)
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,
(b)
does not have outstanding penalties, costs, expenses or charges in relation to such a loan pursuant to any such agreement or regulations, and
(c)
has not received a cancellation (including a cancellation of £0.00) under the provisions of—
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
of any of their liability for payment in respect of a loan received from the Welsh Ministers.
Specified Amount
6.
The Specified Amount is the lesser of—
(a)
£1,500, or
(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 or any 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 or any penalties, costs, expenses or charges incurred in respect of any such loan.
(3)
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 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”).
These Regulations govern the student loan liability of full-time students who receive loans for living costs from the Welsh Ministers in respect of the academic year 2021/2022.
These Regulations provide for up to £1,500 of a borrower’s living costs loan liability to be cancelled in certain circumstances, with effect from the day after the date on which their first loan repayment is considered to have been received.
The Welsh Ministers Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.