PART IIIREPAYMENTS BY OVERSEAS RESIDENTS

F1Repayment by income related instalments13A.

(1)

Where the Scottish Ministers are satisfied that a borrower to whom regulation 12 applies has complied with a requirement to provide information under regulation 11, they may determine that the borrower may repay that borrower’s student loan by income related instalments, in accordance with this regulation.

(2)

The first such instalment must be paid on a day determined by the Scottish Ministers, being a day not more than 2 months later than the date of the determination, and subsequent instalments shall be paid not later than the same day of each subsequent month for up to 12 months.

(3)

Each instalment shall be 1/12 of the relevant amount.

(4)

The relevant amount shall be 9% of the gross income which the Scottish Ministers consider the borrower is likely to receive during the 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 the table in regulation 13B(2); and

(b)

income in respect of which the Scottish Ministers are satisfied that repayments are likely to be made under F2Part 3 or 4 of the Collection Regulations.

(5)

The amount of the instalment shall be stated in the determination.

(6)

At the end of the period for payment of instalments referred to in paragraph (2), the borrower shall pay fixed instalments under regulation 13, subject to a further determination under paragraph (1).

(7)

At any time during the period for payment of instalments referred to in paragraph (2) the Scottish Ministers may make a re determination under paragraph (1).