PART 6Insolvency
Effect of borrower insolvency on student loans
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() or any subsequent Regulations made under the Education (Student Support) (Northern Ireland) Order 1998();
(b)in Wales, for the purposes of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008() or any subsequent Regulations made under section 22 of the Teaching and Higher Education Act 1998() (“the 1998 Act”); or
(c)in England, for the purposes of the Education (Student Support) (No 2) Regulations 2008() 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 Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989(), 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 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.
(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(), 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.