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

Date of repayment N.I.

12.  For the purposes of this Part, repayment will be considered to have been paid by the borrower and received by the Department as follows:—

(a) where an amount is paid by the borrower directly to the Department, or by direct debit under regulation 13, a repayment of that amount is considered to have been received on the date on which the amount is, in fact, received;

(b) where HMRC have notified the Department that an amount has become payable to it in respect of a tax year under Part 3, a repayment of that amount is considered to have been received by the Department on 31st January following the tax year, whether or not the borrower has, in fact, paid any or all of that amount to HMRC;

(c) where an amount is deducted by an employer under Part 4 [F1 in respect of the tax year ending on 5th April 2019 or any previous tax year], that amount must be aggregated with all other amounts deducted in the same tax year and repayments of the aggregate amount will be considered to have been received by the Department in equal instalments received on the days during the tax year which are—

(i) the last days of a month;

(ii) days after the date on which the Department has given notice under regulation 11(3)(b) that payment should be deducted; and

(iii) days before the date on which the Department has given notice under regulation 11(3)(d) that payment should cease to be deducted.

[F2 (ca) where an amount is deducted by an employer under Part 4 in respect of the tax year beginning on 6th April 2019 or any subsequent tax year, a repayment of that amount is considered to have been received by the Department on—

(i) the day on which it was deducted by the employer; or

(ii) where an adjustment is made in relation to the deduction, [F3 the day on which that adjustment is made or the last day of the relevant tax year if the adjustment is made outside the relevant tax year].]

Textual Amendments

F1 Words in reg. 12(c) inserted (with application in accordance with reg. 1(4) of the amending S.R.) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(2), 33(a)

F2 Reg. 12(ca) inserted (with application in accordance with reg. 1(4) of the amending S.R.) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(2), 33(b)

F3 Words in reg. 12(ca)(ii) substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 22(b)

Commencement Information

I1 Reg. 12 in operation at 6.4.2009, see reg. 1(1)