The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022

Amendments to regulation 19 (cancellation) E+W

19.—(1) Before regulation 19(1) insert—

“(A1) This regulation applies in relation to plan 1, 2, 3 and 5 loans(1).”.

(2) In regulation 19(1)—

(a) for sub-paragraph (b) substitute—

“(b) a plan 1, 2, 3 or 5 loan.”;

(b) omit sub-paragraph (c).

(3) In regulation 19(2)—

(a) in the words before sub-paragraph (a)—

(i) for “any student loan” substitute “a plan 1 loan”;

(ii) for “the 2006 Support Regulations or the 2006 Welsh Regulations or any subsequent Regulations made by the Secretary of State or the Welsh Ministers (as the case may be) under section 22, other than a post-2012 student loan or a postgraduate degree loan, of the 1998 Act” substitute “an enactment cited in table 2 or 3 of regulation 3A”;

(b) in sub-paragraph (a), for “student loan” substitute “plan 1 loan”;

(c) in sub-paragraph (b)—

(i) in the words before paragraph (i), for “student loan” substitute “plan 1 loan”;

(ii) in paragraph (iii), for “Regulations made under section 22 of the 1998 Act” substitute “an enactment cited in table 2 or 3 of regulation 3A”.

(4) In regulation 19(3)—

(a) in the words before sub-paragraph (a), for “student loan or the postgraduate degree loan” substitute “loan”;

(b) in sub-paragraph (c)—

(i) for “post-2006-student loans” substitute “a post-2006 student loan”;

(ii) for “the student loan” substitute “the loan”;

(c) in sub-paragraph (d), for “student loans which are not post-2006 student loans and not post-2012 loans” substitute “a plan 1 loan other than a post-2006 student loan”;

(d) in sub-paragraph (e)—

(i) for “post-2012 student loans” substitute “a plan 2 loan, unless sub-paragraph (f) applies”;

(ii) for “the student loan” substitute “the loan”;

(e) for sub-paragraph (f) substitute—

“(f) in the case of a plan 2 or 5 loan for an Access to HE Diploma, if the borrower—

(i) achieves at least one Access to HE Diploma, and

(ii) as an eligible student completes a designated course;”;

(f) in sub-paragraph (g)—

(i) for “a postgraduate degree loan” substitute “a plan 3 loan”;

(ii) for “the postgraduate degree loan.” substitute “the loan;”;

(g) after sub-paragraph (g), insert—

“(h) in the case of a plan 5 loan, unless sub-paragraph (f) applies, the 40th anniversary of the date on which the borrower became liable to repay the loan.”.

(5) In regulation 19(5)—

(a) in the words before sub-paragraph (a), for “student loan or the postgraduate degree loan” substitute “loan”;

(b) in sub-paragraph (b), for “student loan” substitute “loan”.

(6) In regulation 19(6), for “student loan or the postgraduate degree loan” substitute “loan”.

(7) After regulation 19(6) insert—

“(7) In this regulation—

“Access to HE Diploma” has the meaning given in regulation 2 of the Further Education Loans Regulations 2012;

“designated course” means a course designated by or under regulation 5 or 139 of the 2011 Support Regulations;

“eligible student” has the meaning given in regulation 4 or 137 of the 2011 Support Regulations.”.

Commencement Information

I1 Reg. 19 in force at 6.4.2023, see reg. 2(2)

(1)

The cancellation of a plan 4 loan is determined in accordance with regulation 8 of the 2000 (Scotland) Regulations.