The Education (Postgraduate Master's Degree Loans) Regulations 2016

Direct debit repayment U.K.

28.—(1) This regulation applies if—

(a) the borrower gives notice to the Authority of an intention to repay the outstanding balance in accordance with this regulation;

(b) the Authority is satisfied that the borrower is likely to repay all of the outstanding balance of the postgraduate master's degree loan under Chapter 4 of this Part within 23 months of that notice; and

(c) the borrower has not previously ceased making payments under this regulation without the loan having being repaid in full, unless such cessation was agreed by the Authority.

(2) Where this regulation applies, subject to paragraphs (3) and (4), the Authority must give notice to HMRC, in accordance with regulation 26(4)(d) that deductions from the borrower's earnings are to cease from the date specified in the notice.

(3) The borrower must complete and return to the Authority in the format required by the Authority from time to time, a standing instruction to the borrower's bank authorising monthly lump sum payments to the Authority in such sum as is required to ensure payment of the outstanding balance within the next 23 months.

(4) The first date on which a bank, authorised by a borrower to make a payment, makes a payment must fall no later than 30 days after the date which the Authority specifies in a notice pursuant to regulation 26(4)(d).

(5) If at any time the instruction to the borrower's bank—

(a) is refused on any second presentation by the Authority; or

(b) is cancelled or otherwise altered by the borrower without the permission of the Authority given under paragraph (6),

then the Authority must give notice of any refusal or failed payment to the borrower and must give a notice to HMRC and to the borrower pursuant to regulation 26(4) that deductions from earnings are to recommence unless regulation 26(9) would otherwise apply.

(6) The borrower may, at any time, agree with the Authority that repayment in accordance with this regulation will cease, and thereafter the Authority must give a notice to HMRC and to the borrower in accordance with regulation 26(4) that repayment through the tax system is to recommence unless regulation 26(9) would otherwise apply.

(7) The Authority may suspend or delay the operation of paragraph (5) if and to the extent it appears to the Authority expedient to do so, taking into account the causes of the failed payment and the Authority must notify the borrower of any suspension or delay as the case may be.

(8) This regulation will not affect any voluntary repayments made by a borrower by any method pursuant to regulation 26(1).