Explanatory note

These Regulations, which come into force on 1st August 1992, supersede the Education (Student Loans) Regulations 1991 (as amended by the Education (Student Loans) (Amendment) Regulations 1992), which are revoked (regulation 2).

Provisions in these Regulations which differ from the corresponding provisions of the 1991 Regulations (except as a result of minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots. The changes of substance made by these Regulations other than the changes in the maximum amounts of loans and rates of interest are described below.

Two additional conditions of eligibility for a loan are prescribed, namely, that the loans administrator has received a certificate of eligibility in connection with the student’s application for a loan, and that the student has agreed to notify the loans administrator promptly in writing if he ceases prematurely to attend his course (regulation 4(1)). Students eligible for allowances under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 are made ineligible for a loan (regulation 4(2)). Following the reduction on 25th September 1991 in the age of legal capacity in Scotland to 16, borrowers under 18 who on or after that date enter, or have entered, into loan agreements subject to the law of Scotland are no longer required, as a condition of eligibility for a subsequent loan, to ratify them after attaining the age of 18 (regulation 4(3)).

A one year course for the Art Teacher’s Certificate or Diploma (or comparable qualifications) is, in addition to the Postgraduate Certificate in Education, not to be treated as a final year for the purpose of determining the applicable rate of loan (regulation 6(4)).

Provision is made for a borrower to start to repay his loan on a date in the month of April after leaving his course determined by the loans administrator and for amounts of interest on arrears (but not the arrears themselves) to be included in the periodic recalculation of repayments (regulation 8(1) and (7)).

Changes are made to the disability-related benefits to be left out of account in calculating a borrower’s gross monthly income for the purposes of his entitlement to defer making repayments: invalidity pension is included along with invalidity allowance; the age addition to the severe disablement allowance is included; attendance allowance and mobility allowance are replaced by disability living allowance; and disability working allowance is added (regulation 11(5)).

The relief granted to governing bodies of institutions after the end of June in any academic year from their duties in connection with applications for loans by eligible students is removed from regulation 13.