The Education (Student Loans) (Repayment) (Amendment) Regulations 2021

• Citation: S.I. 2021/191
• Sections: 11

Section 1 Citation and commencement

These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2021 and come into force on 6th April 2021.

Section 2 Amendment of the Education (Student Loans) (Repayment) Regulations 2009

The Education (Student Loans) (Repayment) Regulations 2009 are amended in accordance with regulations 3 to 11.

Section 3 Amendment of regulation 3 (interpretation)

In regulation 3 —

(a) for the definition of “repayment threshold” substitute—

“repayment threshold” has the meaning given in regulation 29(7) to (10);

(b) after the definition of “repayment threshold year” insert—

“Scottish student loan” means a student loan within the meaning given in regulation 6;

Section 4 Amendment of regulation 8 (service by post or electronic communication)

In regulation 8(1), for the words from “post” to the end substitute “post or by an electronic format”.

Section 5 Amendment of regulation 17 (date of repayment)

In regulation 17(ca)(ii) , for the words from “such” to “that adjustment” substitute “the day on which that adjustment is made or the last day of the relevant tax year if the adjustment is made outside the relevant tax year”.

Section 6 Amendment of regulation 18A (division of repayment)

In regulation 18A —

(a) in paragraph (1), after “not a post-2012 student loan” in both places it occurs insert “nor a Scottish student loan”;

(b) after paragraph (1) insert—

(1A) Subject to paragraph (2), where a borrower both has a student loan which is neither a post-2012 student loan nor a Scottish student loan, and has a Scottish student loan, and it is time for the borrower to repay both loans in accordance with regulation 15, the repayment will be divided between the loans so that—

(a) the part of the repayment relating to income above the repayment threshold in regulation 29(8B) is to reduce the outstanding balance of the Scottish student loan; and

(b) the part of the repayment relating to income above the applicable repayment threshold in regulation 29(7) up to and including the repayment threshold in regulation 29(8B) is to reduce the outstanding balance of the student loan which is not a post-2012 student loan nor a Scottish student loan.

(1B) Subject to paragraph (2), where a borrower has a post-2012 student loan and has a Scottish student loan, and it is time for the borrower to repay both loans in accordance with regulation 15, the repayment will be divided between the loans so that—

(a) the part of the repayment relating to income above the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the post-2012 student loan; and

(b) the part of the repayment relating to income above the repayment threshold in regulation 29(8B) up to and including the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the student loan which is a Scottish student loan.

(1C) Subject to paragraph (2), where a borrower has a student loan which is neither a post-2012 student loan nor a Scottish student loan, and has a post-2012 student loan, and has a Scottish student loan, and it is time for the borrower to repay all three loans in accordance with regulation 15, the repayment will be divided between the loans so that—

(a) the part of the repayment relating to income above the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the post-2012 student loan;

(b) the part of the repayment relating to income above the repayment threshold in regulation 29(8B) up to and including the repayment threshold in regulation 29(8) is to reduce the outstanding balance of the student loan which is a Scottish student loan; and

(c) the part of the repayment relating to income above the applicable repayment threshold in regulation 29(7) up to and including the repayment threshold in regulation 29(8B) is to reduce the outstanding balance of the student loan which is not a post-2012 student loan nor a Scottish student loan.

(c) in paragraph (2)—

(i) for “paragraph (1)” substitute “paragraphs (1) to (1C)”;

(ii) for “and 29(8)” substitute “, 29(8) and 29(8B)”.

Section 7 Amendment of regulation 20A (excess payments: more than one loan)

In regulation 20A(1)(a) —

(a) in paragraphs (ii) and (iii)—

(i) for “not” substitute “neither”;

(ii) at the end insert “nor a Scottish student loan”;

(b) at the end of paragraph (ii) omit “or”;

(c) at the end of paragraph (iii), before “and” insert—

(iv) a Scottish student loan and a student loan which is neither a post-2012 student loan nor a Scottish student loan;

(v) a Scottish student loan and a post-2012 student loan; or

(vi) a Scottish student loan and a postgraduate degree loan;

Section 8 Amendment of regulation 23 (information notices)

In regulation 23(1), for “at the borrower’s home address” substitute “by post or by an electronic format”.

Section 9 Amendment of regulation 24 (penalties and penalty notices)

In regulation 24(5), for “at the borrower’s home address” substitute “by post or by an electronic format”.

Section 10 Amendment of regulation 29 (time for and amount of repayments)

In regulation 29 —

(a) in paragraph (7), after “(8)” insert “, (8B)”;

(b) after paragraph (8A) insert—

(8B) Subject to paragraph (9), the repayment threshold in relation to a Scottish student loan is that set out in regulation 2 (interpretation) of the Repayment of Student Loans (Scotland) Regulations 2000 as that regulation had effect on the day on which these Regulations come into force .

(c) for paragraph (9) substitute—

(9) The repayment threshold is that set out in paragraph (7)(a) or (b) (as the case may be) where—

(a) a borrower has a post-2012 student loan and a student loan which is neither a post-2012 student loan nor a Scottish student loan;

(b) a borrower has—

(i) a student loan which is neither a post-2012 student loan nor a Scottish student loan; and

(ii) a Scottish student loan;

(c) a borrower has—

(i) a student loan which is neither a post-2012 student loan nor a Scottish student loan;

(ii) a post-2012 student loan; and

(iii) a Scottish student loan.

(10) The repayment threshold where a borrower has a post-2012 student loan and a Scottish student loan is that set out in paragraph (8B).

Section 11 Amendment of regulation 44 (amount of repayments)

In regulation 44(7) —

(a) for “not a post-2012 student loan” insert “neither a post-2012 student loan nor a Scottish student loan”;

(b) for “29(7)(b) or (c) (as the case may be)” substitute “29(7)(b)”.