The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022

1. Introductory Text

2. PART 1 Preliminary provisions

   1. 1. Citation

   2. 2. Commencement

   3. 3. Extent

3. PART 2 Amendment of the Education (Student Loans) (Repayment) Regulations 2009

   1. 4. Amendment of the Education (Student Loans) (Repayment) Regulations 2009

   2. Amendment of Part 1 (general)

      1. 5. Amendments to regulation 3 (interpretation)

      2. 6. Insertion of regulations 3A to 3E (interpretation provisions)

      3. 7. Amendments to regulation 4 (application: general)

      4. 8. Amendments to regulation 5 (Wales)

      5. 9. Omission of regulation 6 (Scotland)

      6. 10. Amendments to regulation 7 (application to transferred loans in England and Wales)

      7. 11. Insertion of regulations 8A to 8C (preliminary provisions)

   3. Amendment of Part 2 (provisions applicable to all repayments)

      1. 12. Substitution of heading to Part 2

      2. 13. Amendments to regulation 9 (interpretation)

      3. 14. Amendments to regulation 14 (interest and penalties)

      4. 15. Amendments to regulation 15 (timing of repayments: general)

      5. 16. Amendments to regulation 16 (timing of repayment: teachers and eligible teachers)

      6. 17. Amendment to regulation 18 (direct debit repayment)

      7. 18. Amendments to regulation 18A (division of repayment)

      8. 19. Amendments to regulation 19 (cancellation)

      9. 20. Amendments to regulation 20 (refunds)

      10. 21. Amendments to regulation 20A (excess payments: more than one loan)

      11. 22. Insertion of regulation 20B (interest rate not to exceed prevailing market rate)

      12. 23. Amendments to regulation 20B (interest rate not to exceed prevailing market rate)

      13. 24. Amendments to regulation 21 (interest rate on the loans)

      14. 25. Amendments to regulation 21A (interest rate on post-2012 student loans)

      15. 26. Insertion of regulations 21AA and 21AB (interest thresholds for plan 2 loans)

      16. 27. Amendments to regulation 21B (interest rate on postgraduate degree loans)

      17. 28. Insertion of regulation 21C (interest on plan 5 loans)

      18. 29. Amendment to regulation 24 (penalties and penalty notices)

      19. 30. Amendments to regulation 25 (costs and expenses)

      20. 31. Amendment to regulation 27 (foreclosure)

   4. Amendment of Part 3 (repayments by assessment to income tax)

      1. 32. Amendment to regulation 28 (repayments of student loans and postgraduate degree loans by persons required to submit a tax return)

      2. 33. Amendments to regulation 29 (time for and amount of repayments)

      3. 34. Amendment to regulation 36 (late payment penalties)

      4. 35. Amendments to regulation 40 (penalties)

   5. Amendment of Part 4 (deduction of repayments by employers)

      1. 36. Amendments to regulation 41 (interpretation)

      2. 37. Omission of regulation 41A (real time information employers)

      3. 38. Amendment to regulation 42 (repayment of student loans or postgraduate degree loans by employees)

      4. 39. Substitution of regulation 43 (new employee to declare repayments liability)

      5. 40. Omission of regulation 43A (commencement of employment with a Real Time Information employer)

      6. 41. Amendments to regulation 44 (amount of repayments)

      7. 42. Amendments to regulation 50 (deductions of repayments)

      8. 43. Amendments to regulation 55 (notice and certificate when repayments deducted not paid)

      9. 44. Amendments to regulation 56 (notice of specified amount and certificate when repayments not deducted)

      10. 45. Amendment to regulation 57 (recovery of payments deducted through the income tax system)

      11. 46. Amendments to regulation 59 (returns by employers)

      12. 47. Amendments to regulation 59B (real time returns of information about payments of earnings)

      13. 48. Amendments to regulation 59E (exceptions to regulation 59B)

      14. 49. Amendment to regulation 59G (failure to make a return under regulation 59B or 59E)

      15. 50. Amendment to regulation 60 (inspection of employers’ records)

      16. 51. Amendment to regulation 61 (powers to obtain information)

      17. 52. Amendments to section 67 (cessation of employment)

      18. 53. Amendment to regulation 68 (penalties)

   6. Amendment of Part 5 (repayment by overseas borrowers)

      1. 54. Amendment to the heading to Part 5

      2. 55. Amendments to regulation 71 (interpretation)

      3. 56. Amendments to regulation 73 (notice of liability to make repayments)

      4. 57. Amendments to regulation 74 (repayment by fixed instalments)

      5. 58. Insertion of regulation 74A (how to calculate fixed instalment rate)

      6. 59. Amendments to regulation 75 (repayment by income-related instalments)

      7. 60. Insertion of regulation 75A (how to calculate applicable threshold)

      8. 61. Omission of regulation 76 (calculation of fixed instalment and applicable threshold)

      9. 62. Amendments to regulation 77 (application to cease repayment by instalments)

   7. Amendment of Part 6 (insolvency)

      1. 63. Amendment to heading to Part 6

      2. 64. Amendments to regulation 80 (effect of borrower insolvency on student loans and postgraduate degree loans)

   8. Insertion of Schedule 1A (repayment thresholds)

      1. 65. Insertion of Schedule 1A (repayment thresholds)

4. PART 3 Revocations

   1. 66. Revocations on 16th January 2023

   2. 67. Revocations on 6th April 2023

5. Signature

6. Explanatory Note