2010 No. 91
The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2010
Made
Coming into operation-
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2010 and come into operation on 6th April 2010.
2
Regulations 6, 7 and 8 apply only in relation to tax years commencing on or after 6 April 2010.
3
In these Regulations “the principal Regulations” mean the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 20094.
Amendment of the principal Regulations
4
The principal Regulations shall be amended as provided by regulations 5 to 8.
5
In regulation 24 (Time for and amount of repayments) for paragraph (3)(f) there shall be substituted—
f
deducting the amount of any loss in respect of which relief is given under any of the following—
i
section 64 of the 2007 Act (trade loss relief against general income);
ii
section 83 of the 2007 Act (carry-forward trade loss relief);
iii
section 118 of the 2007 Act (carry-forward property loss relief);
iv
section 120 of the 2007 Act (property loss relief against general income);
v
section 1285 of the 2007 Act (in respect of losses in an employment); and
6
In regulation 57(4) (Formal determination of repayments payable by employer) after “5 (Appeals and Other proceedings)” insert “, 5A (Payment of Tax)”.
7
1
In regulation 63 (Penalties) for paragraph (3) there shall be substituted—
3
Schedule 56 to the Finance Act 20096 (penalty for failure to pay tax) shall apply in relation to the late payment from an employer to HMRC of student loan repayments deducted from an employees’ earnings as if—
a
in relation to all regulations in this part other than regulation 57 payments from an employer to HMRC were a payment of tax falling within item 2 of the table in paragraph 1 of that schedule;
b
in relation to regulation 57 payments from an employer to HMRC were a payment of tax falling within items 17, 23 or 24 of the table in paragraph 1 of that schedule;
c
references to the PAYE Regulations in item 2 of the table in paragraph 1 of that schedule were references to this Part.
8
For regulation 65 (Application of the PAYE Regulations) there shall be substituted—
65
To the extent that the provisions of the PAYE Regulations apply by virtue of regulation 37 for the purposes of these Regulations, the PAYE Regulations will apply as if in regulation 210 (penalties and appeals), an employer is not liable to a penalty if the employer has been liable to a penalty for failing to comply with regulation 205 of those Regulations or regulation 90N of the Contribution Regulations in relation to the same tax year.
Sealed with the Official Seal of the Department for Employment and Learning on 10th March 2010.
(This note is not part of the Regulations)