The Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 3) Regulations 2004

Amendment of the 2002 Regulations

5.  In regulation 39 of the 2002 Regulations, there shall be substituted for paragraph (1) the following–

“(1) In England and Wales—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986(1) any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.”.

(1)

1986 c. 45; section 307 was amended by the Enterprise Act 2002 (c. 40), section 261. Section 310 was amended by the Pensions Act 1995 (c. 26), section 122 and Schedule 3, paragraph 15, the Welfare Reform and Pensions Act 1999 (c. 30), section 18 and Schedule 2, paragraph 2 and the Enterprise Act 2002, sections 259 and 278 and Schedule 26.