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The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

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PART 5N.I.Repayment by Overseas Borrowers

Interpretation [F1of Part 5] N.I.

66.  In this Part—

[F2“country” includes territory;

“country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 66A;]

“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 has the same meaning as it has in the Taxes Acts; and

F3...

Textual Amendments

Commencement Information

I1Reg. 66 in operation at 6.4.2009, see reg. 1(1)

[F4How to calculate country-specific multiplierN.I.

66A.—(1) The country-specific multiplier for a country is the multiplier specified in the table in relation to its band.

(2) The band for a country is the band specified in the table in relation to its price level index value.

Price level index value (x)BandMultiplier
x<0.3A0.2
0.3≤x<0.5B0.4
0.5≤x<0.7C0.6
0.7≤x<0.9D0.8
0.9≤x<1.1E1.0
1.1≤x<1.3F1.2
x≥1.3G1.4

(3) The price level index value for a country is the quotient of—

(a)the price level value for the country in the most recent year available, and

(b)the price level value for the United Kingdom in the same year.

Example

0.736687 is the country’s price level value and 1.058064 is the United Kingdom’s price level value.

0.736687 divided by 1.058064 is 0.696259…‬ (unrounded).

The price level index value for the country is 0.696259…, which is Band C.

The country-specific multiplier for a country in Band C is 0.6.

(4) If the price level value for a country is not published, the Department may determine the price level value for that country by reference to a comparable country.

(5) In this regulation, “price level value” means the value published by the World Bank in its “Price level ratio of PPP conversion factor (GDP) to market exchange rate” world development indicator.”

Textual Amendments

Status of examplesN.I.

66B.—(1) An example used in these Regulations—

(a)is only illustrative of the provision to which it relates, and

(b)does not limit the provision.

(2) If an example and the provision to which it relates are inconsistent, the provision prevails.]

Textual Amendments

Notice of overseas residenceN.I.

67.—(1) A borrower must notify the Department of any period of residence outside the United Kingdom which exceeds 3 months.

(2) A borrower must provide such information about the borrower’s income during any such period of residence as the Department may require.

Commencement Information

I2Reg. 67 in operation at 6.4.2009, see reg. 1(1)

Notice of liability to make repaymentsN.I.

68.—(1) Subject to regulation 70, where the Department is satisfied that a borrower is resident outside the United Kingdom, it may serve a notice on the borrower requiring the borrower to make repayments on any student loan in accordance with regulation 69.

(2) In a notice served under paragraph (1), the Department may require a borrower, if the borrower has failed—

(a)to give the notice required by regulation 67(1); or

(b)to provide any information required by the Department under regulation 67(2),

to repay immediately such part of a student loan as will reduce the amount outstanding to the amount which the Department considers would have been outstanding if the borrower had given the notice or provided the information required.

Commencement Information

I3Reg. 68 in operation at 6.4.2009, see reg. 1(1)

Repayment by fixed instalmentsN.I.

69.—[F5(1)] A borrower must pay to the Department a fixed instalment F6...—

(a)no later than the day specified in a notice served under regulation 68; and

(b)no later than the same day of each subsequent month.

[F7(2) The amount of the fixed instalment is the product of—

(a)the fixed instalment rate for the borrower’s loan, and

(b)the country-specific multiplier for the borrower’s country of residence.

(3) The fixed instalment rate for the student loan is calculated in accordance with regulation 69A.]

Textual Amendments

Commencement Information

I4Reg. 69 in operation at 6.4.2009, see reg. 1(1)

[F8How to calculate fixed instalment rateN.I.

69A.—(1) The fixed instalment rate for a student loan is the result of the formula—

(a)calculated on the 6th of April of each year, and

(b)rounded down to the nearest £1 (if necessary).

(2) In the formula—

“x” means the median salary for graduates (to the nearest £500) in the most-recent year published by the Department for Education;

“y” means the repayment threshold for the student loan as calculated under Regulation 24(6).]

Textual Amendments

Repayment by income-related instalmentsN.I.

70.—(1) Where the Department is satisfied that a borrower to whom regulation 68 applies has complied with a requirement to provide information under regulation 67, the Department may determine that the borrower may repay a loan by income-related instalments in accordance with this regulation.

(2) The first such instalment must be paid on a date determined by the Department being a date not more than 2 months later than the date of the determination and subsequent instalments must be paid on the same date in each subsequent month for up to 12 months.

[F9(2A) The Department must determine the amount of each instalment and must ensure that the total amount of all instalments paid in the period up to 12 months from the date of the first instalment referred to in paragraph (2) must not exceed the relevant amount.]

F10(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(4) The relevant amount is 9% of the gross income which the Department consider the borrower is likely to receive in the next 12 month period following the date of the determination referred to in paragraph (2), disregarding—

(a)income up to the applicable threshold, calculated in accordance with regulation 70A; and

(b)income in respect of which the Department is satisfied that repayments are likely to be made under Part 3 or 4.]

(5) The amount of [F12each instalment] must be stated in the determination.

(6) At the end of the period referred to in paragraph (2), the borrower must pay fixed instalments under regulation 69, subject to a further determination under paragraph (1).

(7) At any time during the period referred to in paragraph (2), the Department may make a re-determination under paragraph (1).

Textual Amendments

Commencement Information

I5Reg. 70 in operation at 6.4.2009, see reg. 1(1)

[F13How to calculate applicable thresholdN.I.

70A.  The applicable threshold is, in relation to a borrower’s loan, the amount—

(a)rounded up to the nearest £5 (if necessary), and

(b)being the product of—

(i)the repayment threshold for the loan, and

(ii)the country-specific multiplier for the borrower’s country of residence.]

Textual Amendments

Calculation of fixed instalment and applicable thresholdN.I.

F1471.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application to cease repayment by instalmentsN.I.

72.—(1) A borrower who—

(a)is required to make repayments under this Part; and

(b)who has not been required to repay a student loan in full immediately under regulation 73,

may apply to the Department for a determination that the borrower is no longer required to make such repayments.

(2) Where the Department is satisfied that—

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

(b)the borrower is likely to be resident in the United Kingdom for the tax year during which the date specified in the determination relating to that borrower will fall,

the Department may determine that a borrower who has applied under paragraph (1) is not to be required to make repayments under this Part from a date specified in the determination, being a date not more than 2 months later than the date of the determination.

(3) A determination under paragraph (2) has effect until the borrower again becomes liable to repay the loan under regulation 69 or 70.

Commencement Information

I6Reg. 72 in operation at 6.4.2009, see reg. 1(1)

ForeclosureN.I.

73.  If a borrower does not pay an instalment or other amount when it is due, the Department may require the borrower to repay the loan in full immediately.

Commencement Information

I7Reg. 73 in operation at 6.4.2009, see reg. 1(1)

Costs and expenses of the DepartmentN.I.

74.—(1) Where the Department incurs reasonable costs or expenses in taking steps—

(a)resulting from a borrower’s failure to comply with regulation 67, to

(i)obtain a borrower’s address outside the United Kingdom; or

(ii)obtain information about a borrower’s income during any period of residence outside the United Kingdom;

(b)to serve a notice under regulation 68(1) in any of the circumstances set out in regulation 68(2); or

(c)to recover the outstanding balance of the loan in full under regulation 73,

the Department may require reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account and they will form part of the principal of the loan from the date on which they are added.

Commencement Information

I8Reg. 74 in operation at 6.4.2009, see reg. 1(1)

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