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

Made: 13th December 2022

Laid before Parliament: 15th December 2022

Laid before Senedd Cymru: 15th December 2022

Coming into force in accordance with regulation

The Welsh Ministers make these Regulations in exercise of the powers conferred by— sections 22(1), (2)(g), (3)(a) to (d) and (4)(b) and 42(6) of the Teaching and Higher Education Act 1998, now exercisable by them[^f00004], and sections 5(4) and 6(1) and (2)(a) of the Sale of Student Loans Act 2008.

sections 22(1), (2)(g), (3)(a) to (d) and (4)(b) and 42(6) of the Teaching and Higher Education Act 1998, now exercisable by them[^f00004], and

sections 5(4) and 6(1) and (2)(a) of the Sale of Student Loans Act 2008.

PART 1 — Preliminary provisions

Citation

1

These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022.

Commencement

2

• (1) The following provisions come into force on 16th January 2023—

• (a) this Part;

• (aa) regulation 4;

• (b) regulation 22;

• (c) regulation 25(13) and (15);

• (d) regulation 27(4) and (5);

• (e) regulation 66.

• (2) The remainder of these Regulations come into force on 6th April 2023.

Extent

3

These Regulations extend to England and Wales subject to the following—

• (a) this Part and regulations 4, 6... and 65 also extend to Northern Ireland and Scotland;

• (aa) regulation 11, insofar as it relates to regulations 8B and 8C of the Education (Student Loans) (Repayment) Regulations 2009, also extends to Northern Ireland and Scotland;

• (b) an amendment or revocation made by these Regulations has the same extent as the provision amended or revoked.

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

Amendment of the Education (Student Loans) (Repayment) Regulations 2009

4

The Education (Student Loans) (Repayment) Regulations 2009[^f00005] are amended in accordance with regulations 5 to 65.

Amendment of Part 1 (general)

Amendments to regulation 3 (interpretation)

5

• (1) In regulation 3(1)—

• (a) after the definition of “the 2008 Act” (which is omitted by sub-paragraph (q)) insert—

• “the 2000 (Scotland) Regulations” means the Repayment of Student Loans (Scotland) Regulations 2000[^f00006];

• (b) for the definition of “the Authority” substitute—

• “the Authority” means—in relation to a plan 1, 2 or 3 loan and subject to regulation 7—the Welsh Ministers in the case of a loan made or deemed made by them, orthe Secretary of State in any other case;in relation to a plan 4 loan—the Scottish Ministers, ora person exercising functions in accordance with arrangements made under section 73A(3) of the Education (Scotland) Act 1980;in relation to a plan 5 loan and subject to regulation 7, the Secretary of State;

• (c) for the definition of “borrower” substitute—

• “borrower” means a person—in respect of whom a student loan has been paid, andwho has not received a notice from the Authority or the loan purchaser (as the case may be) that the loan has been repaid in full or cancelled;

• (d) after the definition of “borrower” insert—

• “country” includes territory;
• “country-specific multiplier” means the country-specific multiplier calculated in accordance with regulation 8A;

• (e) after the definition of “eligible borrower” (which is omitted by sub-paragraph (q)) insert—

• “eligible course” means any of the following—a course for the Certificate of Higher Education;a course for the Diploma of Higher Education;a course for the Higher National Certificate or Higher National Diploma of—the Business and Technician Education Council, orthe Scottish Qualifications Authority;a foundation degree course;an ordinary degree course;

• (f) in the definition of “loan purchaser”, for “one or more student loans or postgraduate degree loans made pursuant to Regulations made under section 22 of the 1998 Act” substitute “a plan 1 loan”;

• (g) after the definition of “part-time” (which is omitted by sub-paragraph (q)) insert—

• “plan 1 loan” has the meaning given in regulation 3A;
• “plan 2 loan” has the meaning given in regulation 3B;
• “plan 3 loan” has the meaning given in regulation 3C;
• “plan 4 loan” has the meaning given in regulation 3D;
• “plan 5 loan” has the meaning given in regulation 3E;

• (h) after the definition of “postgraduate degree loan borrower” (which is omitted by sub-paragraph (q)) insert—

• “principal” has the meaning given in regulation 4(3);

• (i) for the definition of “repayment” substitute—

• “repayment” has the meaning given in regulation 4(2);

• (j) for the definition of “repayment threshold” substitute—

• “repayment threshold” means the repayment threshold set out in, or calculated in accordance with, Schedule 1A;

• (k) after the definition of “repayment threshold” insert—

• “repayment threshold variable” means the repayment threshold variable calculated in accordance with regulation 8B;

• (l) after the definition of “repayment threshold year” insert—

• “residence” has the same meaning as in the Taxes Acts (whether in relation to the United Kingdom or any other country);
• “retail price index” means the RPI All Items Index published by the Office for National Statistics[^f00007];

• (m) after the definition of “Secretary of State” insert—

• “standard interest rate” means, in relation to a loan, the greater of—zero, orthe percentage increase in the retail price index between the two Marches immediately before the commencement of the academic year in which the loan bears interest[^f00008];

• (n) for the definition of “student loan” substitute—

• “student loan” means any of the following—a plan 1 loan;a plan 2 loan;a plan 3 loan;a plan 4 loan;a plan 5 loan;

• (o) after the definition of “Teachers’ Regulations” (which is omitted by sub-paragraph (q)) insert—

• “transfer arrangements” means—transfer arrangements made under section 1(1) or 9(1) of the Sale of Student Loans Act 2008, andfurther transfer arrangements made under section 3(1) of that Act (if any);

• (p) for the definition of “transferred loan” substitute—

• “transferred loan” means a plan 1 loan in respect of which transfer arrangements are made;

• (q) omit the definitions of the following expressions—

• “the 1988 Act”;

• “the 2005 Act”;

• “the 2007 Act”

• “the 2008 Act”;

• “the 2011 Welsh Regulations”;

• “the 2016 Master’s Degree Regulations”;

• “the 2017 Master’s Degree Wales Regulations”;

• “the 2018 Doctoral Degree Regulations”;

• “the 2018 Doctoral Degree Wales Regulations”;

• “Access to HE Diploma”;

• “designated course”;

• “eligible borrower”;

• “eligible employment”;

• “eligible teacher”;

• “overseas provisions”;

• “part-time”;

• “post-2012 student loan”;

• “postgraduate degree loan”;

• “postgraduate degree loan borrower”;

• “relevant percentage difference in average earnings”;

• “Scottish student loan”;

• “student loan borrower”;

• “tax year 2009–10”;

• “Teachers’ Regulations”.

• (2) Omit regulation 3(2).

Insertion of regulations 3A to 3E (interpretation provisions)

6

After regulation 3 (interpretation) insert—

(3A) (1) A “plan 1 loan” is a loan— (a) taken out by a person in respect of— (i) a course the person begins on or before 31st August 2012, (ii) a full-time course in relation to which the person has a transfer of status from another full-time course the person began on or before 31st August 2012, or (iii) a full-time honours degree course the person begins, disregarding any intervening vacation, immediately after ceasing to attend a full-time eligible course the person began on or before 31st August 2012 and for which the person achieved a qualification, and (b) paid under an enactment cited in any of tables 1 to 3.

Title	Number
The Education (Student Support) Regulations 1998 (revoked)	S.I. 1998/2003
The Education (Student Support) Regulations 1999 (revoked)	S.I. 1999/496
The Education (Student Support) Regulations 2000 (revoked)	S.I. 2000/1121
The Education (Student Support) Regulations 2001 (revoked)	S.I. 2001/951
The Education (Student Support) Regulations 2002 (revoked)	S.I. 2002/195
The Education (Student Support) (No. 2) Regulations 2002 (revoked)	S.I. 2002/3200
The Education (Student Support) Regulations 2005 (revoked)	S.I. 2005/52
Title	Number
---	---
The Education (Student Support) Regulations 2006 (revoked)	S.I. 2006/119
The Education (Student Support) Regulations 2007 (revoked)	S.I. 2007/176
The Education (Student Support) Regulations 2008 (revoked)	S.I. 2008/529
The Education (Student Support) (No.2) Regulations 2008 (revoked)	S.I. 2008/1582
The Education (Student Support) Regulations 2009 (revoked)	S.I. 2009/1555
The Education (Student Support) Regulations 2011	S.I. 2011/1986
Title	Number
---	---
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2006 (revoked)	S.I. 2006/126 (W. 19)
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2007 (revoked)	S.I. 2007/1045 (W. 104)
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 (revoked)	S.I. 2008/1273 (W. 130)
The Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2008 (revoked)	S.I. 2008/3170 (W. 283)
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 (revoked)	S.I. 2009/2737 (W. 235)
The Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2011 (revoked)	S.I. 2011/148 (W. 32)
The Assembly Learning Grants and Loans (Higher Education) (Wales) (No. 2) Regulations 2011 (revoked)	S.I. 2011/886 (W.130)
The Education (Student Support) (Wales) Regulations 2012 (revoked)	S.I. 2012/3097 (W. 313)
The Education (Student Support) (Wales) Regulations 2013 (revoked)	S.I. 2013/3177 (W. 316)
The Education (Student Support) (Wales) Regulations 2015 (revoked)	S.I. 2015/54 (W. 5)
The Education (Student Support) (Wales) Regulations 2017	S.I. 2017/47 (W. 21)

(2) In this regulation, “transfer of status” means a transfer of status under— (a) regulation 7 of the 2011 Support Regulations[^f00009], or (b) regulation 8 of any of the following— (i) the Education (Student Support) (Wales) Regulations 2012[^f00010]; (ii) the Education (Student Support) (Wales) Regulations 2013[^f00011]; (iii) the Education (Student Support) (Wales) Regulations 2015[^f00012]; (iv) the Education (Student Support) (Wales) Regulations 2017[^f00013]. (3B) (1) A “plan 2 loan” is a loan mentioned in any of paragraphs (2) to (4). (2) A loan— (a) taken out by the person in respect of— (i) a course the person begins during the period beginning on 1st September 2012 and ending at the close of 31st July 2023, (ii) a course in relation to which the person has a variation of status from another course the person began during the period mentioned in paragraph (i), or (iii) an honours degree course the person begins, disregarding any intervening vacation, immediately after ceasing to attend or undertake an eligible course the person began during the period mentioned in paragraph (i) and for which the person achieved a qualification, and (b) paid under any of the following enactments— (i) the 2011 Support Regulations; (ii) the Further Education Loans Regulations 2012[^f00014]. (3) A loan— (a) taken out by the person in respect of a course the person begins during the period beginning on 1st September 2022 and ending at the close of 31st July 2025, and (b) paid under the Higher Education Short Course Loans Regulations 2022[^f00015] (which apply in relation to England). (4) A loan— (a) taken out by the person in respect of a course the person begins on or after 1st September 2012, and (b) paid to the person under an enactment cited in the table (which apply in relation to Wales).