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

PART 6 N.I. Insolvency

Effect of borrower insolvency on student loans N.I.

75.—(1) In this Part, “eligible student” means any person who is an eligible student—

(a) in Northern Ireland, for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2008(1) or any subsequent Regulations made under the Education (Student Support) (Northern Ireland) Order 1998(2);

(b) in Wales, for the purposes of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008(3) or any subsequent Regulations made under section 22 of the Teaching and Higher Education Act 1998(4) (“the 1998 Act”); or

(c) in England, for the purposes of the Education (Student Support) (No 2) Regulations 2008(5) or any subsequent Regulations made under section 22 of the 1998 Act;

(2) In Northern Ireland—

(a) any sum payable to an eligible student by way of a student loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under [F1 Article 280, 283 or 283A] of the Insolvency (Northern Ireland) Order 1989(6), whether the entitlement arises before or after the commencement of the bankruptcy; F2 ...

(b) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a student loan will not be included in that person’s bankruptcy debts when the person receives or is entitled to receive that sum—

(i) in the case of a bankruptcy commencing before 1st March 2005, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st March 2005, before or after the commencement of the bankruptcy.

[F3 (c) any sum payable to an eligible student by way of a student loan which the eligible student receives or is entitled to receive before or after the approval of that person’s individual voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 will not be treated as part of the individual voluntary arrangement approved under articles 232 or 237D of that Order, whether the entitlement arises before or after the approval of the arrangement; and

(d) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a student loan will not be included in that person’s individual voluntary arrangement when that person receives or is entitled to receive that sum—

(i) in the case of an individual voluntary arrangement approved before 6th April 2011, after the approval of the arrangement; or

(ii) in the case of an individual voluntary arrangement approved on or after 6th April 2011, before or after the approval of the arrangement.]

(3) In England and Wales—

(a) any sum payable to an eligible student by way of a student loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under section 307 or 310 of the Insolvency Act 1986(7), whether the entitlement arises before or after the commencement of the bankruptcy; and

(b) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a student loan will not be included in that person’s bankruptcy debts when the person receives or is entitled to receive that sum—

(i) in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.

Textual Amendments

F1 Words in reg. 75(2)(a) substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 11(2)(a)

F2 Word in reg. 75(2)(a) omitted (6.4.2011) by virtue of The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 11(2)(b)

F3 Reg. 75(2)(c)(d) inserted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/137), regs. 1(1), 11(3)

Commencement Information

I1 Reg. 75 in operation at 6.4.2009, see reg. 1(1)

(1)

SR. 2008 No. 250

(2)

SI 1998/1760 (N.I. 14)

(3)

SI 2008/1373 (W. 130)

(4)

1998 c.30

(5)

SI 2008/1582 as amended by SI 2008/2094 and SI 2008/2939

(6)

SI 1989/2405 (NI. 19); Article 280 was amended by the Insolvency (Northern Ireland) Order 2005 (SI 2005/1455 (NI. 10)). Article 283 was amended by the Pensions (Northern Ireland) Order 1995 (SI 1995/3213 (NI. 22)) Schedule 1, paragraph 11, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (SI 1999/3147 (NI. 11)) and the Insolvency (Northern Ireland) Order 2005 Articles 15 and 31 and Schedule 9

(7)

1986 c.45; section 307 was amended by the Enterprise Act 2002 (c.40), section 261. Section 310 was amended by the Pensions Act 1995 (c. 26), section 122 and Schedule 3, paragraph 15, the Welfare Reform and Pensions Act 1999 (c.30) section 18 and Schedule 2, paragraph 2 and the Enterprise Act 2002, sections 259 and 278 and Schedule 26