Amendment of the 2003 Regulations8
For regulation 40 there shall be substituted –
40
1
In Northern Ireland –
a
a bankrupt’s estate shall not include nor shall there be claimed therefor under Article 280 or 283 of the Insolvency (Northern Ireland) Order 19898 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and
b
there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive –
i
in the case of a bankruptcy commencing before 15th January 2005, after the commencement of the bankruptcy; or
ii
in the case of a bankruptcy commencing on or after 15th January 2005, before or after the commencement of the bankruptcy.
2
In England and Wales –
a
there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 19869 any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and
b
there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive-
i
in the case of a bankruptcy commencing before 15th January 2005, after the commencement of the bankruptcy; or
ii
in the case of a bankruptcy commencing on or after 15th January 2005, before or after the commencement of the bankruptcy.