Education (Student Loans) (Repayment) Regulations 2000

Time for repayments

11.—(1) A borrower may repay all or any part of his student loan to the Secretary of State at any time.

(2) A borrower shall not be required to repay any of his student loan before 6th April 2000.

(3) A borrower shall not be required to repay such part of his student loan as relates to a particular notification of eligibility under the Education (Student Support) Regulations 1999(1) until the year of assessment beginning after the date on which that eligibility terminates under regulation 8 of those Regulations.

(4) A borrower–

(a) whose student loan was made in connection with his attendance at a course for the initial training of teachers, other than a course leading to a first degree; and

(b) who has notified the Secretary of State in writing that he does not wish to repay that loan during any period in which he is required to repay a loan made under the Education (Student Loans) Act 1990(2) or the Education (Student Loans) (Northern Ireland) Order 1990(3);

shall not be required to repay any of his student loan during any such period.

(5) Subject to paragraph (7) the Secretary of State shall notify the borrower and the Board of–

(a) the first, or as the case may be next, year of assessment in respect of which the borrower may be required to make repayments under Part III;

(b) the date on and after which a borrower may be required to make repayments by way of deduction from his emoluments under Part IV;

(c) where the borrower has given the Secretary of State notification in accordance with paragraph (4), the year of assessment in respect of which the borrower shall cease to be required to make repayments under Part III;

(d) the final year of assessment in respect of which the borrower shall be required to make repayments under Part III because–

(i) the loan has been repaid to the Secretary of State in full, or

(ii) an amount sufficient to repay the balance owing to the Secretary of State in full is likely to be received by the Board under Part IV and by the Secretary of State under Part V by the 30th April following the date of issue of the notice, or

(iii) the loan has been cancelled; and

(e) the date after which a borrower shall not be required to make repayments by way of deduction from his emoluments under Part IV because–

(i) the loan has been repaid to the Secretary of State in full, or

(ii) an amount sufficient to repay the balance owing to the Secretary of State in full is likely to be received by the Board under Parts III and IV and by the Secretary of State under Part V by that date, or

(iii) the loan has been cancelled; or

(iv) the borrower has given the Secretary of State notification in accordance with paragraph (4).

(6) The Secretary of State shall not issue a notice under paragraph (5)(d) after the end of the calendar year during which the final year of assessment specified in the notice ends.

(7) Where the Secretary of State has notified a borrower and the Board that repayments under Parts III and IV shall no longer be made but at a later date it appears to him that the student loan has not been fully repaid he may give further notices in accordance with paragraph (5).

(8) The Secretary of State shall not be required to give notices under paragraph (5)(a) or (b) where the borrower’s student loan does not exceed £120.

(9) Where under paragraph (8) the Secretary of State is not requested to give notices under paragraph (5)(a) or (b) he may require the borrower to repay his student loan in such manner and over such period of time as in all the circumstances seems appropriate.

(1)

S.I. 1999/496, amended by S.I. 1999/2266.

(2)

1990 c. 6, amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3.

(3)

S.I. 1990/1506 (N.I. 11).