The Repayment of Student Loans (Scotland) Regulations 2000

PART III S REPAYMENTS BY OVERSEAS RESIDENTS

Interpretation S

10.  In this Part–

“gross income” means income from all sources before deductions for or relief from tax or other statutory charge;

“residence” in or outside the United Kingdom shall have the same meaning as it has in the Taxes Acts.

Commencement Information

I1 Reg. 10 in force at 16.5.2000, see reg. 1(1)

Notice of overseas residence S

11.—(1) A borrower shall notify the Scottish Ministers of any period of residence outside the United Kingdom which exceeds three months.

(2) A borrower shall provide such information about any period of residence outside the United Kingdom which exceeds three months as the Scottish Ministers may require, including–

(a) the purpose of the residence outside the United Kingdom;

(b) whether the borrower is employed, or self employed, during that residence;

(c) the likely duration of the residence outside the United Kingdom; and

(d) the amount of any repayments likely to be payable under Part III of the Collection Regulations and deducted or likely to be deducted under Part IV of those Regulations in respect of any year or years of assessment during which the residence occurs.

Commencement Information

I2 Reg. 11 in force at 16.5.2000, see reg. 1(1)

[F1 Information requests S

11A.   A borrower shall, within six weeks of the event, inform the Scottish Ministers and provide them with particulars if either of the following events occur–

(a) the borrower’s address changes; or

(b) the borrower’s name changes.

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

11B.— (1) The Scottish Ministers may serve a notice (“an Information Notice”) at the home address of the borrower. S

(2) An Information Notice under paragraph (1) requires the borrower to provide some or all of the following, together with documentary evidence in support where relevant–

(a) the borrower’s full name;

(b) the borrower’s telephone number;

(c) the borrower’s national insurance number or a valid reason for not having one;

(d) the borrower’s date of birth;

(e) a statement of whether the borrower is employed, self-employed or not employed; and

(f) the following particulars of the borrower’s employment and income during the period specified in the notice–

(i) for each part of that period during which the borrower was employed, the dates on which the employment began and (unless it is still continuing) ended, the name and address of the borrower’s employer, the borrower’s employee number and the borrower’s gross income;

(ii) for each part of that period during which the borrower was self employed, the dates on which it began and (unless it is still continuing) ended and the borrower’s gross income; and

(iii) the gross amount, source and date of receipt of any other income.

(3) An Information Notice under paragraph (1) must set out the provisions contained in regulation 11C.

(4) Where the Scottish Ministers have served an Information Notice on a borrower under paragraph (1), the borrower must comply with it within a period of 28 days beginning with the day on which the Information Notice was served.

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

11C.— (1) Where a borrower has failed to comply with regulation 11A, the Scottish Ministers may require the borrower to pay a penalty of £50. S

(2) Where a borrower has failed to comply with regulation 11B(4), the Scottish Ministers may require the borrower to pay a penalty of £50.

(3) Where a borrower has been liable to a penalty under paragraph (2) in respect of an Information Notice and has not paid it, upon expiry of the time limit for payment the Scottish Ministers may require the borrower to pay one additional penalty of £100 in respect of that Information Notice.

(4) The Scottish Ministers must notify the borrower of a penalty imposed under paragraph (1), (2) or (3) by serving a notice (“a Penalty Notice”) at the home address of the borrower.

(5) Notwithstanding the provisions of regulation 7(2)and (3), a penalty imposed under paragraph (1), (2) or (3) is payable within a period of 28 days beginning with the day on which the Penalty Notice was served and may be added to the borrower’s loan account.

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

11D.— (1) Where the Scottish Ministers incur reasonable costs or expenses in taking steps to– S

(a) serve an Information Notice on a borrower under regulation 11B(1);

(b) serve a Penalty Notice on a borrower under regulation 11C(4); or

(c) obtain the information requested in an Information Notice served under regulation 11B(1),

they may require the reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

11E.— (1) Where the Scottish Ministers consider that having regard to all the circumstances of a particular case a time limit in regulation 11B(4) or regulation 11C(5) should be relaxed, they may specify another time limit. S

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

11F.   In this Part a document is to be treated as served on a person when it is delivered to that person or sent to that person by post.] S

Textual Amendments

F1 Regs. 11A-11F inserted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 3

Notice of liability to make repayments S

12.—(1) Where the Scottish Ministers are satisfied that–

(a) a borrower is resident outside the United Kingdom; and

(b) he is not likely to be resident in the United Kingdom for any year or years of assessment during which the period of residence falls,

they may serve a notice on the borrower requiring the borrower to repay his student loan in monthly instalments in accordance with regulation 13.

(2) In a notice served under paragraph (1) the Scottish Ministers may require a borrower who has failed to–

(a) give the notice required by regulation 11(1); or

(b) provide any information required by the Scottish Ministers under regulation 11(2)

to repay forthwith such part of his student loan as will reduce the amount outstanding to the amount which the Scottish Ministers consider would have been outstanding if the borrower had given the notice or provided the information required of him.

(3) When they serve a notice under paragraph (1) the Scottish Ministers may determine that a student loan shall bear interest at three times the rate or rates which would otherwise be applicable during any period–

(a) beginning when the borrower fails to give notice or provide information as described in paragraph (2); and

(b) ending when the borrower has given the notice and provided the information required and made any repayment required under paragraph (2).

Commencement Information

I3 Reg. 12 in force at 16.5.2000, see reg. 1(1)

Repayment by instalments S

13.—(1) Subject to paragraph (2) a borrower shall not later than the day specified in a notice served under regulation 12 and on the same day of each subsequent month pay the Scottish Ministers an instalment of [F2 £208].

(2) Instead of paying the monthly instalment referred to in paragraph (1) a borrower shall be entitled to pay monthly instalments determined by the Scottish Ministers under paragraph (3) in respect of the twelve months referred to in the determination.

(3) On application by a borrower the Scottish Ministers may determine that the amount of each of the twelve monthly instalments, beginning with such date as may be determined by the Scottish Ministers, being a date not more than three months earlier or two months later than the date of the determination, shall be one twelfth of the relevant amount.

(4) The relevant amount shall be 9% of the gross income which the Scottish Ministers consider that the borrower is likely to receive during the twelve month period in respect of which the instalments will be paid, disregarding–

(a) the first [F3 £15,000] of such income; and

(b) income in respect of which the Scottish Ministers are satisfied that repayments will likely be made under Part III or IV of the Collection Regulations.

(5) After the expiry of the twelve months referred to in a determination under paragraph (3) the borrower shall pay instalments in accordance with paragraph (1), subject to any further determination under paragraph (3).

(6) If a borrower does not pay an instalment or other amount when it is due the Scottish Ministers may require him to repay his student loan in full immediately.

(7) The Scottish Ministers may allow a borrower to pay an instalment late or to fail to pay all or part of an instalment, but such indulgence shall not affect any rights or duties in relation to any other instalment.

Textual Amendments

F2 Sum in Reg. 13(1) substituted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 5

F3 Sum in Reg. 13(4)(a) substituted (30.6.2005) by The Student Loans (Information Requests, Maximum Threshold, Maximum Repayment Levels and Hardship Loans) (Scotland) Regulations 2005 (S.S.I. 2005/314), regs. 1, 4(1)(b)

Commencement Information

I4 Reg. 13 in force at 16.5.2000, see reg. 1(1)

Application to cease repayment by instalments S

14.—(1) A borrower who–

(a) is required to make repayments in accordance with regulation 13; and

(b) who has not been required to repay his student loan in full immediately under regulation 13(6),

may apply to the Scottish Ministers for a determination that he shall no longer be required to make such payments.

(2) The Scottish Ministers may determine that a borrower who has applied under paragraph (1) shall not be required to make repayments under this Part from a date specified in their determination, being a date not more than three months earlier and two months later than the date of the determination, if they are satisfied that–

(a) the borrower is resident in the United Kingdom; and

(b) he is likely to be resident in the United Kingdom for the year of assessment during which the date specified in his determination will fall.

(3) A determination under paragraph (2) shall have effect until any further notice under [F4 regulation 12] is served on the borrower.

Textual Amendments

F4 Words in reg. 14(3) substituted (7.7.2000) by The Education (Student Loans) (Scotland) Regulations 2000 (S.S.I. 2000/200), regs. 1, 17

Commencement Information

I5 Reg. 14 in force at 16.5.2000, see reg. 1(1)