The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2011

Amendment of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

11.—(1) Regulation 75 (Effect of borrower insolvency on student loans) shall be amended as provided by paragraphs (2) to (5)

(2) In paragraph 2(a)—

(a) For “Article 280 or 283”, substitute “Article 280, 283 or 283A(1)”;

(b) After “before or after the commencement of the bankruptcy;” omit the word “and”.

(3) After paragraph 2(b) insert—

“(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(2) 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.”

(1)

Article 283A was inserted into the Insolvency (Northern Ireland) Order 1989 S.I. 1989/2405 (N.I. 19) by the Insolvency (Northern Ireland) Order 2005 S.I. 2005/1455 (N.I. 10) Article 16.

(2)

S.I. 1989/2405 (N.I. 19); Article 232 was amended by the Insolvency (Northern Ireland) Order 2002 (S.I. 2002/3153 (N.I. 6)) Article 5 and Schedule 3. Article 237D was inserted by the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) Article 21 and Schedule 7.