The Further Education Loans and the Education (Student Support) (Amendment) Regulations 2019

Amendment of the Further Educations Loans Regulations 2012

2.—(1) The Further Education Loans Regulations 2012(1) are amended as follows.

(2) After regulation 24 (overpayments of fee loan), insert—

“Cancellation of fee loan

25.— (1) Where this regulation applies the Secretary of State must cancel all or part of a fee loan.

(2) The circumstances mentioned in paragraph (1) are that—

(a) an eligible student has taken out the fee loan in relation to a designated further education course at an institution;

(b) the course to which the fee loan relates is no longer available at the institution;

(c) the student has applied in writing to the Secretary of State for cancellation of all or part of the fee loan; and

(d) the Secretary of State considers it appropriate to do so.

(3) In considering whether it is appropriate to cancel all or part of the fee loan (and where it is considered appropriate to cancel part of the loan what part of the loan should be cancelled) the Secretary of State must have regard to—

(a) the proportion of the course completed;

(b) whether a similar course is available at the institution;

(c) whether the same or a similar course is available at another institution;

(d) in relation to paragraphs (b) or (c), whether the student has enrolled on the course; and

(e) any other relevant circumstances, including the personal circumstances of the student.”.

(1)

S.I. 2012/1818, as amended by S.I. 2014/290, 2014/1766, 2015/181, 2016/238, 2017/336, 2018/182 and 2019/142.