[F1Repayment by income related instalmentsS
13A.—(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.
[F2(3) The Scottish Ministers 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) does not exceed 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) [F3as read with regulation 13B(2A)]; and
(b)income in respect of which the Scottish Ministers are satisfied that repayments are likely to be made under [F4Part 3 or 4] of the Collection Regulations.
(5) The amount of [F5each 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).]
Textual Amendments
F1Regs. 13A-13B inserted (1.8.2007) by The Repayment of Student Loans (Scotland) Amendment Regulations 2007 (S.S.I. 2007/159), regs. 1, 12
F2Reg. 13A(3) substituted (1.4.2013) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/80), regs. 1(2), 6(2)
F3Words in reg. 13A(4)(a) inserted (6.4.2012) by The Repayment of Student Loans (Scotland) Amendment Regulations 2012 (S.S.I. 2012/22), regs. 1, 5
F4Words in reg. 13A(4)(b) substituted (7.4.2009) by The Repayment of Student Loans (Scotland) Amendment Regulations 2009 (S.S.I. 2009/102), regs. 1, 9
F5Words in reg. 13A(5) substituted (1.4.2013) by The Education (Fees, Awards and Student Support) (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/80), regs. 1(2), 6(3)