PART IGENERAL

Interpretation2.

In these Regulations–

“the Act” means the Education (Scotland) Act 19802;

F1...

“borrower” means a person to whom the Scottish Ministers have lent money pursuant to regulations made under section 73 of the Act and who has not received a notice from them that it has been repaid in full or cancelled;

“Collection Regulations” means the F2Education (Student Loans) (Repayment) Regulations 2009;

F3“continuous programme of higher education” means a programme of education undertaken by an individual comprising–

(a)

either–

  1. (i)

    a course leading to a Higher National Certificate immediately followed by a course leading to a Higher National Diploma (disregarding any intervening vacation); or

  2. (ii)

    a course leading to a Higher National Diploma; and

(b)

a course of higher education not of a kind referred to in paragraph (a) above which commences in the academic year immediately following the end of the course referred to in paragraph (a) or in the following academic year;

“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 19924, F4an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007F5, personal independence payment payable under Part 4 of the Welfare Reform Act 2012F6, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 19875;

F7“HMRC” means Her Majesty’s Revenue and Customs;

“Loan Regulations” means the Education (Student Loans) (Scotland) Regulations 19996;

“repayment” means a repayment of a student loan;

F8“repayment threshold” means—

(a)

for the year of assessment ending on 5th April 2013, an amount equal to £15,000 + (£15,000 x Y%) and rounded up to the nearest £5 where Y is the percentage increase between the retail prices all items index published by the Office of National Statistics for the two Marches immediately before the commencement of that year of assessment;

(b)

for any year of assessment ending after 6th April 2013 but before or on 5th April 2016, an amount equal to X + (X x Y%) and rounded up to the nearest £5 where—

X is the repayment threshold for the previous year of assessment, and

Y is the percentage increase between the retail prices all items index published by the Office of National Statistics for the two Marches immediately before the commencement of the previous year of assessment; and

(c)

for any year of assessment ending on or after 6th April 2016, the amount of the repayment threshold for the previous year of assessment;

“Scottish Ministers” includes any person exercising functions on their behalf pursuant to arrangements made under section 73A(3) of the Act7;

“student loan” means the total outstanding principal, interest, penalties and charges owed by a borrower to the Scottish Ministers pursuant to these or any other regulations made under section 73 of the Act, excluding any interest, penalties or charges payable under F9Part 3 or 4 of the Collection Regulations;

F3“the 2007 Regulations” means the Education (Student Loans) (Scotland) Regulations 2007

“year of assessment” means the period 6th April to the following 5th April.