LegalizeThe Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009
54F
- (1) This regulation applies where there is an inaccuracy in a return, whether careless or deliberate, made under regulation 54B (real time returns of information about payments of earnings) or 54E (exceptions to regulation 54B) and paragraph (2) or (3) applies.
- (2) This paragraph applies where the inaccuracy relates to the information given in the return in respect of an employee under paragraph 3 of Schedule 2 (Real time returns).
- (3) This paragraph applies where the inaccuracy was the omission of details of a payment of earnings to an employee.
- (4) When the employer becomes aware of an inaccuracy in a return submitted under regulation 54B or 54E, the employer must provide the correct information in the next return for the tax year in question.
- (5) But if the information has not been corrected before 20th April following the end of the tax year in question, the employer must make a return under this paragraph.
- (6) A return under paragraph (5)—
- (a) must include the following—
- (i) the information specified in paragraph 1 of Schedule 2 (Real time returns);
- (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iii) the value of the adjustment to the information given under paragraph 3 of Schedule 2 in the final return under regulation 54B or 54E containing information in respect of the employee in the tax year in question; and
- (iv) if paragraph (7) applies, the information specified in paragraph 5 of Schedule 2;
- (b) must be made as soon as reasonably practicable after the employer becomes aware of the inaccuracy; and
- (c) must be made by an approved method of electronic communications.
- (7) This paragraph applies if—
- (a) the inaccuracy is within paragraph (3);
- (b) the payment of earnings was the first payment of earnings to the employee in the employment; and
- (c) the information specified in paragraph 5 of Schedule 2 has not otherwise been provided.
- (8) In the application of paragraphs (5) and (6) to cases within paragraph (3), if no information was given in any returns under regulation 54B or 54E in respect of the employee in the tax year, the value of the adjustments required must be calculated as if there was a final return containing information for the employee in the year and the figure requiring adjustment was zero.
- (9) Paragraph (6)(c) does not apply if the employer is one to whom regulation 54E applies but in those circumstances the return must be in such form as HMRC may approve or prescribe.
Inspection of employers’ records
Powers to obtain information
Formal determination of repayments payable by employer
Interest on unpaid repayments which have been formally determined
Death of employer
Succession to a business
Payment by cheque
Cessation of employment
Penalties
Collection and recovery of penalties
Application of the PAYE Regulations
SCHEDULE 2 — Real time returns
Information about the employer and employee
1
The information specified in paragraphs 2 to 4 and 8 to 14 of Schedule A1 (Real time returns) to the PAYE Regulations.
Information about payments to the employee, etc
2
The total amount of repayments deducted in the earnings period in which the return is made.
3
The total amount of repayments deducted for the tax year from the earnings paid to the employee.
4
In a case where the earnings the return relates to will fall to be aggregated with other earnings in the same earnings period, the information required by paragraphs 2 and 3 need only be provided when the final payment of earnings in the earnings period is made.
Information on the commencement of employment
5
If the return is the first return in respect of the employee in this employment, an indication that student loan deductions are required.
Employees paid in specified circumstances
54BA
- (1) This regulation applies if an employer makes a payment to an employee and all of the circumstances in paragraph (2) apply.
- (2) The circumstances are that—
- (a) the payment includes an amount which is a relevant payment for work undertaken by the employee on—
- (i) the day the payment is made, or
- (ii) provided that the payment is made before the employee leaves the place of work at the end of the employee’s period of work, the day before the payment is made,
- (b) in respect of the work mentioned in sub-paragraph (a), it was not reasonably practicable for the employer to calculate the payment due before the completion of the work, and
- (c) it is not reasonably practicable for the employer to deliver the information required by regulation 54B(1) on making the payment.
- (3) The employer need not deliver the information required by regulation 54B(1) on or before making the payment.
- (4) The employer must deliver that information no later than the end of the period of 7 days starting with the day following the day on which the payment is made.
- (5) Where this regulation applies, the information required under regulation 54B(1) in respect of the relevant payment may be included in a return with the information for any other relevant payment.
Benefits and expenses – returns under regulations 85 to 87 of the PAYE Regulations
54BB
- (1) This paragraph applies if an employer makes a payment of general earnings to an employee which, for the purposes of tax falls to be included in a return under—
- (a) regulations 85 and 86 of the PAYE Regulations (employers: annual return of other earnings (Forms P11D and P9D) – information which must be provided for each employee), or
- (b) regulations 85 and 87 of the PAYE Regulations (employers: annual return of other earnings (Forms P11D and P9D) – information which must also be provided for benefits code employees) or would do if the employee’s employment was subject to the benefits code for the purposes of regulation 85 of the PAYE Regulations.
- (2) If the employer is unable to comply with the requirement in regulation 54B(1) to deliver the information required by that regulation on or before making the payment, the employer must instead deliver the information as soon as reasonably practicable after the payment is made and in any event no later than 14 days after the end of the income tax month the payment is made in.
Modification of the requirements of regulation 54B: notional payments
Relationship between regulation 54B and aggregation of earnings
Exceptions to regulation 54B
Returns under regulations 54B and 54E: amendments
Failure to make a return under regulation 54B or 54E
54G
- (1) This regulation applies where an employer does not make a return as required by regulation 54B (Real time returns of information about payments of earnings) or 54E (exceptions to regulation 54B).
- (2) The employer must provide the information in the next return made under regulation 54B or 54E for the tax year in question.
- (3) If the information has not been provided before 20 April following the end of the tax year in question, the employer must make a return under this paragraph before 20 May following the tax year in question.
- (4) A return under paragraph (3)—
- (a) must include the information specified in Schedule 2;
- (b) must be made as soon as reasonably practicable after discovery of the failure to make the return, and
- (c) must be made by an approved method of electronic communications.
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection of employers’ records
Powers to obtain information
Formal determination of repayments payable by employer
Interest on unpaid repayments which have been formally determined
Death of employer
Succession to a business
Payment by cheque
Cessation of employment
Penalties
Collection and recovery of penalties
Application of the PAYE Regulations
Interpretation of Part 2
Timing and notification of repayments
Interpretation of Part 4
New employee to inform employer of repayments liability
Interpretation of Part 5
How to calculate country-specific multiplier
66A
- (1) The country-specific multiplier for a country is the multiplier specified in the table in relation to its band.
- (2) The band for a country is the band specified in the table in relation to its price level index value.
| Price level index value (x) | Band | Multiplier |
|---|---|---|
| x<0.3 | A | 0.2 |
| 0.3≤x<0.5 | B | 0.4 |
| 0.5≤x<0.7 | C | 0.6 |
| 0.7≤x<0.9 | D | 0.8 |
| 0.9≤x<1.1 | E | 1.0 |
| 1.1≤x<1.3 | F | 1.2 |
| x≥1.3 | G | 1.4 |
- (3) The price level index value for a country is the quotient of—
- (a) the price level value for the country in the most recent year available, and
- (b) the price level value for the United Kingdom in the same year.
| Example |
|---|
| 0.736687 is the country’s price level value and 1.058064 is the United Kingdom’s price level value.0.736687 divided by 1.058064 is 0.696259… (unrounded).The price level index value for the country is 0.696259…, which is Band C.The country-specific multiplier for a country in Band C is 0.6. |
- (4) If the price level value for a country is not published, the Department may determine the price level value for that country by reference to a comparable country.
- (5) In this regulation, “price level value” means the value published by the World Bank in its “Price level ratio of PPP conversion factor (GDP) to market exchange rate” world development indicator.”
Status of examples
66B
- (1) An example used in these Regulations—
- (a) is only illustrative of the provision to which it relates, and
- (b) does not limit the provision.
- (2) If an example and the provision to which it relates are inconsistent, the provision prevails.
Notice of overseas residence
Notice of liability to make repayments
Repayment by fixed instalments
How to calculate fixed instalment rate
69A
- (1) The fixed instalment rate for a student loan is the result of the formula—
- (a) calculated on the 6th of April of each year, and
- (b) rounded down to the nearest £1 (if necessary).
$2x-y×0.0912$
- (2) In the formula—
- “x” means the median salary for graduates (to the nearest £500) in the most-recent year published by the Department for Education;
- “y” means the repayment threshold for the student loan as calculated under Regulation 24(6).
Repayment by income-related instalments
How to calculate applicable threshold
70A
The applicable threshold is, in relation to a borrower’s loan, the amount—
- (a) rounded up to the nearest £5 (if necessary), and
- (b) being the product of—
- (i) the repayment threshold for the loan, and
- (ii) the country-specific multiplier for the borrower’s country of residence.
Calculation of fixed instalment and applicable threshold
Application to cease repayment by instalments
Foreclosure
Costs and expenses of the Department
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