The Repayment of Student Loans (Scotland) Regulations 2000

Made: 10th April 2000

Laid before the Scottish Parliament: 13th April 2000

Coming into force.: 16th May 2000

The Scottish Ministers, in exercise of the powers conferred upon them by sections 73(f), 73B, and 74(1) of the Education (Scotland) Act 1980[^f00001], hereby make the following Regulations:

PART I — GENERAL

Citation and commencement

1

• (1) These Regulations may be cited as the Repayment of Student Loans (Scotland) Regulations 2000 and shall come into force on 16th May 2000.

Interpretation

2

In these Regulations–

• “the Act” means the Education (Scotland) Act 1980[^f00002];

• ...

• “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 Education (Student Loans) (Repayment) Regulations 2009;

• “continuous programme of higher education” means a programme of education undertaken by an individual comprising–either–a course leading to a Higher National Certificate immediately followed by a course leading to a Higher National Diploma (disregarding any intervening vacation); ora course leading to a Higher National Diploma; anda 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, Scottish adult disability living allowance given in accordance with the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, short-term assistance given in accordance with Part 1 of schedule 1 (short-term assistance) of those Regulations, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992[^f00004], an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 , personal independence payment payable under Part 4 of the Welfare Reform Act 2012 , armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 , child disability payment given in accordance with the Disability Assistance for Children and Young People (Scotland) Regulations 2021, short-term assistance given in accordance with Part 1 of the schedule (short-term assistance) of those Regulations , adult disability payment given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022 (“the 2022 Regulations”), short-term assistance given in accordance with Part 1 of schedule 2 (short-term assistance) of the 2022 Regulations 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 1987[^f00005];

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

• “Loan Regulations” means the Education (Student Loans) (Scotland) Regulations 1999[^f00006];

• “repayment” means a repayment of a student loan;

• “repayment threshold” means—for the year of assessment ending on 5 April 2022, an amount equal to £25,000 + (£25,000 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;for any year of assessment ending after 6 April 2022 ..., 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, andY 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... ...

• “Scottish Ministers” includes any person exercising functions on their behalf pursuant to arrangements made under section 73A(3) of the Act[^f00007];

• “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 Part 3 or 4 of the Collection Regulations;

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

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

Revocation

3

Regulation 16 of the Loan Regulations is hereby revoked.

PART II — PROVISIONS APPLICABLE TO ALL REPAYMENTS

Application of Regulations

4

These Regulations apply to repayments of all student loans.

Period and manner of repayment

5

Subject to regulation 7 and Part III, where the Scottish Ministers–

• (a) have not determined that repayments of student loans made under the Act shall be collected by HMRC under Parts 3 and 4 of the Collection Regulations; or

• (b) having so determined, are, by virtue of regulation 15(8) of those Regulations, not required to give notices under regulation 15(3)(a) or (b) of those Regulations,

they may require the borrower to repay his student loan in such manner and over such period of time as in all the circumstances seems appropriate.

Application of payments received

6

Any repayment received by the Scottish Ministers shall be applied by them in reduction or in satisfaction of–

• (a) first, any outstanding interest payable by the borrower by virtue of regulation 15 of the Loan Regulations , regulation 15 of the Education (Student Loans) (Scotland) Regulations 2000, regulation 14 of the Graduate Endowment (Scotland) Regulations 2001 , regulation 11 of the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 regulation 14 of the Graduate Endowment (Scotland) Regulations 2007, regulation 11 of the Graduate Endowment (Scotland) Regulations 2008, or regulation 12(3) of these Regulations; and

• (b) second, any outstanding principal of the relevant student loan, which shall be reduced or satisfied from the date of receipt.

Time for repayments

7

• (1) A borrower may repay all or any part of his student loan to the Scottish Ministers at any time.

• (2) A borrower shall not be required to repay–

• (a) such part of their student loan as relates to a particular notification of eligibility under the Loan Regulations or the Education (Student Loans) (Scotland) Regulations 2000 until the year of assessment beginning after the date on which that eligibility terminates under regulation 8 of the relevant Regulations; ...

• (b) any part of any loan made under the Graduate Endowment (Scotland) Regulations 2001 , the Graduate Endowment (Scotland) Regulations 2007 or the Graduate Endowment (Scotland) Regulations 2008 until the year of assessment beginning after the date on which that loan is applied by the Scottish Ministers in accordance with regulation 13 of the Graduate Endowment (Scotland) Regulations 2001, regulation 13 of the Graduate Endowment (Scotland) Regulations 2007 or regulation 9 of the Graduate Endowment (Scotland) Regulations 2008 (whichever is appropriate); and

• (c) such part of their student loan as relates to a particular notification of eligibility under the Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006 until the year of assessment beginning after the date on which that eligibility terminates under regulation 7 of those Regulations.

• (3) A borrower–

• (a) whose student loan was made in connection with his attendance at a course for the initial training of teachers, other than a course leading to a first degree; and

• (b) who has notified the Scottish Ministers in writing that he does not wish to repay that loan during any period in which he is required to repay a loan under the Education (Student Loans) Act 1990[^f00008] or the Education (Student Loans) (Northern Ireland) Order 1990[^f00009],

shall not be required to repay any of his student loan during any such period.

Cancellation

8

• (1) This regulation shall apply where a borrower is not in breach of any obligation to repay their student loan under Part 3 of the Collection Regulations or any obligation to repay any loan mentioned in paragraph (5).

• (2) In this regulation “post 2007 student loan” means any student loan taken out by persons mentioned in paragraph (3) paid under–

• (a) the 2007 Regulations; or

• (b) any regulations made after 1st August 2007 under sections 73(f), 73B and 74(1) of the Act.

• (3) The persons mentioned in this paragraph are–

• (a) a borrower who takes out a student loan for the first time in respect of an academic year beginning on or after 1st August 2007; or

• (b) a borrower who takes out a student loan in respect of a course which satisfies the following conditions–

• (i) it begins on or after 1st August 2007;

• (ii) it is not a continuous programme of higher education which the borrower began before 1st August 2007; and

• (iii) it is not a course in relation to which the borrower’s status as a student eligible for support under regulations made under section 73(f), 73B and 74(1) of the Act transferred from another course which the borrower began before 1st August 2007.

• (4) The Scottish Ministers shall cancel the borrower’s liability to repay that borrower’s student loan when one of the following occurs–

• (a) the borrower dies;

• (b) the borrower receives a disability related benefit and because of that borrower’s disability is permanently unfit for work;

• (c) in the case of a post 2007 student loan, the 30th anniversary of the date on which the borrower became liable to repay the student loan; or

• (d) in the case of a student loan which is not a post 2007 student loan, the earlier of —

• (i) the borrower’s 65th birthday; or

• (ii) the 30th anniversary of the date on which the borrower became liable to repay the student loan.

• (5) The loans mentioned in this paragraph are loans made under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Teaching and Higher Education Act 1998 and regulations made under it and the Education (Student Support) (Northern Ireland) Order 1998 and regulations made under it.

• (6) The cancellation of the borrower’s liability to repay that borrower’s student loan under paragraph (4) shall not affect their liability to make repayments under Part 3 of the Collection Regulations subject to and in accordance with that Part in respect of any year of assessment–

• (a) in the case of cancellation under paragraph (4)(a) during which the borrower was alive; and

• (b) in any other case preceding the year of assessment during which the student loan was cancelled.

• (7) The cancellation of a borrower’s liability to repay their student loan under paragraph (4) shall not affect that borrower’s liability to make repayments by way of deductions made under Part 4 of the Collection Regulations subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.

Refunds

9

• (1) Where the Scottish Ministers have received a repayment either directly from the borrower or by way of deduction from a borrower’s emoluments in accordance with Part 4 of the Collection Regulations–

• (a) which results in the student loan being paid in full; or

• (b) when the student loan has already been paid in full,

they shall refund to the borrower any amount not required to repay the student loan in full together with interest calculated as if it were the principal of a student loan outstanding from the date of receipt of the repayment to the date of the refund.

• (2) Where the Scottish Ministers are considered to have received a payment collected under Part 3 of the Collection Regulations in respect of a year of assessment–

• (a) which results in the student loan being paid in full; or

• (b) when the student loan has already been paid in full,

the repayment shall be considered to have been received by the Scottish Ministers on the 31st January next following the year of assessment in accordance with paragraph (5)(b), and the Scottish Ministers shall refund to HMRC for the account of the borrower any overpayment which results from the receipt.

• (3) HMRC shall be considered to have received a refund under paragraph (2) on the date on which the amount refunded was considered to have been received by the Scottish Ministers in accordance with paragraph (5).

• (4) Where the Scottish Ministers have received a repayment of a student loan by way of deduction from a borrower’s emoluments for a year of assessment in accordance with Part 4 of the Collection Regulations and those emoluments do not exceed the repayment threshold, the Scottish Ministers shall on application by the borrower refund the amount deducted.

• (5) For the purposes of this regulation, a repayment shall be considered to have been paid by the borrower and received by the Scottish Ministers as follows–

• (a) where an amount is paid by the borrower directly to the Scottish Ministers, a repayment of that amount shall be considered to have been received by them on the date on which the amount is in fact received;

• (b) where HMRC have collected a repayment under Part 3 of the Collection Regulations, a repayment of that amount shall be considered to have been received by the Scottish Ministers on 31st January following the year of assessment, whether or not the borrower has in fact paid any or all of that amount to the Board; ...

• (c) where an amount is deducted by an employer under Part 4 of the Collection Regulations in respect of the year of assessment ending on 5 April 2019 or any previous year of assessment, that amount shall be aggregated with all other such amounts deducted in the same year of assessment and repayments of the aggregate amount shall be considered to have been received by the Scottish Ministers in equal instalments received on the days during the year of assessment which are–

• (i) the last days of a month;

• (ii) days after the date on which the Scottish Ministers have given notice under regulation 15(3)(b) of the Collection Regulations that payment should be deducted; and

• (iii) days before the date on which they have given notice under regulation 15(3)(e) of the Collection Regulations that payment should cease to be deducted ; and

• (d) where an amount is deducted by an employer under Part 4 of the Collection Regulations in respect of the year of assessment beginning on 6 April 2019 or any subsequent year of assessment, a repayment of that amount is considered to have been received by the Scottish Ministers on—

• (i) the day on which it was deducted by the employer, or

• (ii) where an adjustment is made in relation to the deduction, on the day on which that adjustment is made or the last day of the relevant tax year if the adjustment is made outside the relevant tax year.

PART III — REPAYMENTS BY OVERSEAS RESIDENTS

Interpretation

10

In this Part–

• ...

• “gross income” means income from all sources before deductions for or relief from tax or other statutory charge;

• “residence” in or outside the United Kingdom shall have the same meaning as it has in the Taxes Acts.

Notice of overseas residence

11

• (1) A borrower shall notify the Scottish Ministers of any period of residence outside the United Kingdom which exceeds 3 months and such notification shall be made within 6 weeks of the expiry of that period.

• (2) A borrower shall provide, within such period as may be specified by the Scottish Ministers, such information about that borrower’s income during any such period of residence as they may require.

Notice of liability to make repayments

12

• (1) Subject to regulation 13A, where the Scottish Ministers are satisfied that a borrower is resident outside the United Kingdom they may serve a notice on the borrower requiring the borrower to repay that borrower’s student loan in accordance with regulation 13.

• (2) In a notice served under paragraph (1) the Scottish Ministers may require a borrower who has failed to–

• (a) give the notice required by regulation 11(1); or

• (b) provide any information required by the Scottish Ministers under regulation 11(2),

to repay immediately such part of their student loan as will reduce the amount outstanding to the amount which the Scottish Ministers consider would have been outstanding if the borrower had given the notice timeously or provided the information required of that borrower and if they had made a determination in terms of regulation 13A.

Repayment by instalments

13

A borrower upon whom notice is served under regulation 12(1) shall not later than the day specified in that notice and not later than the same day of each subsequent month pay the Scottish Ministers a fixed instalment, calculated in accordance with regulation 13B.

Application to cease repayment by instalments

14

• (1) A borrower who–

• (a) is required to make repayments under this Part; and

• (b) has not been required to repay that borrower’s student loan in full immediately under regulation 15,

may apply to the Scottish Ministers for a determination that the borrower shall no longer be required to make such repayments.

• (2) Where the Scottish Ministers are satisfied that–

• (a) the borrower is resident in the United Kingdom; and

• (b) the borrower is likely to be resident in the United Kingdom for the year of assessment during which the date specified in their determination will fall,

the Scottish Ministers may determine that a borrower who has applied under paragraph (1) shall not be required to make repayments under this Part from a date specified in their determination, being a date not more than 2 months later than the date of the determination.

• (3) A determination under paragraph (2) shall have effect until the borrower again becomes liable to repay that borrower’s student loan under regulation 13 or 13A.

Signed

HENRY McLEISH — A member of the Scottish Executive — 2000-04-10

Explanatory note