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8. For regulation 38 (Commencement of employment) substitute—
38.—(1) This regulation applies to a borrower who is an employee of—
(a)a non-Real Time Information employer; or
(b)a Real-Time Information employer to whom HMRC have given notice requiring the employer to send to HMRC Form P45 or Form P46 on the commencement of a new employee’s employment.
(2) Where at the commencement of employment a borrower is required to complete a Form P46, the borrower must declare any liability to repay any student loan in that Form P46.”.
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