The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2008

• Citation: S.I. 2008/2715
• Sections: 19

Section 1 Citation and Commencement

These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2008 and come into force on 14 November 2008.

Section 2 Application

Part 2 applies to England only .

Section 3 Amendment of Regulations

These Regulations amend the Education (Student Loans) (Repayment) Regulations 2000 as follows:—

Section 4 Amendment of Definitions

(1) In regulation 2 insert in the appropriate place—

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

(b) “further transfer arrangements” has the meaning given to it in the 2008 Act;

(c) “loan purchaser” in addition to the meaning given to it in the 2008 Act includes any person who has entered into transfer arrangements or further transfer arrangements with the Secretary of State or with another loan purchaser or both and who owns one or more student loans made pursuant to regulations under section 22 of the Act;

(d) “transfer arrangements” has the meaning given to it in the 2008 Act;

(e) “transferred loan” means any loan made to a borrower pursuant to regulations under section 22 of the Act and which has been the subject of transfer arrangements under the 2008 Act entered into by the Secretary of State;

(2) At the end of the definition of “Secretary of State” in regulation 2, add “and 3(6)”.

(3) At the end of the definition of “student loan” in regulation 2, insert “and 3(8)”.

Section 5 Transferred loans

(1) In the definition of “Secretary of State” in regulation 3(5), after the first occurrence of “regulation”, for “and regulation 4”, substitute “, regulation 4 and the definition of “transferred loan” in regulation 2”.

(2) At the end of regulation 3, insert—

(6) Where these Regulations apply to a transferred loan, “Secretary of State” means, for the purposes of those regulations listed in paragraph (7)(a), the loan purchaser and, for the purposes of those regulations listed in paragraph 7(b), the Secretary of State acting on behalf of the loan purchaser (regardless of whether any person is also exercising functions on behalf of the Secretary of State pursuant to section 23(4) of the Act).

(7) For the purposes of this paragraph, the regulations listed are:

(a) regulations 10, 11(5)(d) (i),(ii), (e)(i),(ii), and 12A;

(b) regulation 9, regulation 11 (except 11(5)(d) (i),(ii), (e)(i),(ii)), regulations 13, 13A to 13F, and 60 to 67.

(8) Where these Regulations apply to a transferred loan, “student loan” means, subject to any provision of transfer arrangements, the total outstanding principal, interest, penalties and charges, owed by the borrower to a loan purchaser pursuant to these or any other Regulations made under section 22 of the Act.

Section 6 Repayments collected by HMRC in respect of transferred loans

(1) In regulation 4(1) after “borrowers”, insert “(whether or not any loan of the borrower is a transferred loan)”.

(2) After regulation 4(2), insert—

(2A) HMRC shall account for and pay to the Secretary of State such sums as are referred to in paragraph (2) regardless of whether the Secretary of State is entitled to retain such repayments or receives them on behalf of a loan purchaser.

(3) In regulation 4(3), for “Repayments”, substitute “Payments to the Secretary of State”.

Section 7 Repayments collected by HMRC in respect of transferred loans

(1) After regulation 4 insert—

Transfer of other repayments due to a loan purchaser

(4A)

(1) The Secretary of State must pay to a loan purchaser at such time and in such amount as may be agreed with the loan purchaser any sums which are paid directly to the Secretary of State in connection with transferred loans whether under Part 2 or 6.

(2) The Secretary of State may make aggregate payments to a loan purchaser in respect of all or a number of transferred loans owned by that loan purchaser.

Section 8 Repayments collected by HMRC in respect of transferred loans

(1) At the end of regulation 9(2)(b), omit “and”.

(2) At the end of regulation 9(2)(c)(iii), omit “.” and insert —

; and

(d) for the purposes of transferred loans, payment to the loan purchaser by the borrower shall be considered to have been received on the same date as payment is considered to have been received by the Secretary of State in accordance with this regulation.

Section 9 Interest and Penalties

In regulation 10(2)(a), for “regulation 13C or regulation 13D”, substitute “regulations 13C, 13D or 67”.

Section 10 Costs incurred on behalf of loan purchasers

For regulation 13D, substitute—

(13D)

(1) Where the Secretary of State incurs reasonable costs or expenses in taking steps to–

(a) serve an Information Notice on a borrower under regulation 13B(1),

(b) serve a Penalty Notice on a borrower under regulation 13C(4), or

(c) obtain the information requested in an Information Notice served under regulation 13B(1),

the Secretary of State may require the reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.

(2) Where the Secretary of State incurs such costs or expenses as are referred to in paragraphs (1)(a) to (c) in respect of a transferred loan, the Secretary of State is entitled to recover such costs and expenses as are incurred on behalf of the loan purchaser and may add them to the borrower’s loan account.

(3) Any sum added to the borrower’s loan account in accordance with paragraph (2) is owed to the loan purchaser.

Section 11 Repayments of loans by persons required to submit a tax return

In regulation 14, after “payable under the Taxes Acts”, insert “(whether or not any loan of the borrower is a transferred loan)”.

Section 12 Repayments of loans through deductions by employers

At the end of regulation 28, insert “(whether or not any loan of the borrower is a transferred loan).”.

Section 13 Repayments of loans through deductions by employers

In regulation 35(7) after “Secretary of State”, insert “or loan purchaser (as the case may be)”.

Section 14 Costs and expenses in relation to repayment by overseas borrowers

After regulation 66, insert—

Costs and expenses of the Secretary of State

(67)

(1) Where the Secretary of State incurs reasonable costs or expenses in taking steps—

(a) resulting from a borrower’s failure to comply with regulation 60, to—

(i) obtain a borrower’s address outside the United Kingdom; or

(ii) obtain information about a borrower’s income during any period of residence outside the United Kingdom;

(b) to serve a notice under regulation 61(1) in any of the circumstances set out in regulation 61(2); or

(c) to recover the outstanding balance of the loan in full under regulation 66,

the Secretary of State may require reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.

(2) Where the Secretary of State incurs such costs and expenses as are referred to in paragraphs (1)(a) to (c) in respect of a transferred loan, the Secretary of State is entitled to recover such costs as are incurred on behalf of the loan purchaser and may add them to the borrower’s loan account.

(3) Any sum added to the borrower’s loan account in accordance with paragraph (2) is owed to the loan purchaser.

Section 15 Amendment to Definitions and correction of drafting error

(1) In regulation 2, —

(a) at the end of the definition of “the Act” insert “as amended from time to time both before and after the date of these Regulations”;

(b) before the definition of “inspector”, insert ““HMRC” means Her Majesty’s Revenue and Customs;”;

(2) Paragraph 1 of the Schedule to The Education (Student Loans) (Repayment) (Amendment) Regulations 2001 is revoked.

Section 16 Definition of ‘combined amount’

In regulation 27—

(1) after the definition of “the 2003 Act”, insert—

“combined amount” means an amount which includes deductions of student loan repayments under this Part and one or more of the following:

tax due under the PAYE Regulations;

earnings-related contributions due under the Contributions Regulations; or

amounts due under the Income Tax (Construction Industry Scheme) Regulations 2005 .

(2) In the definition of “Contributions Regulations”, for “1979” substitute “2001 ”.

Section 17 Amendments to Regulation 39B (Notice of specified amount and certificate when repayments deducted not paid)

Regulation 39B is amended as follows:—

(1) For paragraph (2), substitute—

(2) Where this regulation applies, an officer of HMRC, upon consideration of the employer’s record of past payments, whether of student loan repayments or of combined amounts, may to the best of that officer’s judgment specify the amount in respect of student loan repayments or of a combined amount which that officer considers the employer is liable to pay, and serve notice on the employer of that amount.

(2) In paragraph (5)—

(a) after “tax period specified in the notice is”, insert “,or includes,”;

(b) after “the full amount”, insert “of student loan repayments”.

(3) In paragraph (6)—

(a) omit the first occurrence of “in respect of student loan repayments”;

(b) in sub-paragraph (a) after “in respect of student loan repayments”, insert “,or to include an amount in respect of student loan repayments,”;

(4) In paragraph (7)(a), omit “in respect of student loan repayments”.

Section 18 Amendments to regulation 40 (Recovery of repayments deducted)

Regulation 40 is amended as follows:—

(1) In paragraph (1), for “under Schedule E”, substitute “as employment income under the 2003 Act.”;

(2) In paragraph (1A)—

(a) after “student loan repayments,”, insert “or a combined amount,”;

(b) after the words “or such part of it as remains unpaid,”, insert “together with any interest payable on such amount,”;

(c) in the last line for “item”, substitute “time”;

(3) In paragraph (2) for “amount of tax”, substitute “other element of a combined amount”;

(4) In paragraph (3)—

(a) for sub-paragraph (b), substitute—

(b) the total amount which the employer is liable to pay to an officer of HMRC as a combined amount including any amount under regulation 39,

(b) omit sub-paragraphs (c) and (d).

(c) in the text immediately following those sub-paragraphs after “without specifying the respective amounts”, insert “of any component of a combined amount”.

Section 19 Amendments to regulation 41(Interest on unpaid amounts)

In regulation 41 after paragraph (4), insert—

(4A) An officer of HMRC may prepare a certificate certifying the total amount of interest payable in respect of the whole of a combined amount without specifying to what component of the combined amount the interest relates and paragraph (4) shall apply to that certificate.