Regulation 18 Direct debit repaymentI1
United Kingdom
This regulation F1applies if—
the Authority is satisfied that the borrower is likely to repay all of the outstanding balance of F4the relevant loan under Part 4 within 23 months of that notice; and
the borrower has not previously ceased making payments under this regulation without F5the relevant loan having being repaid in full, unless such cessation was agreed by the Authority.
Where this regulation applies, subject to paragraphs (3) and (4), the Authority must give notice to HMRC, in accordance with regulation 15(3)(e) that deductions F6in respect of the relevant loan from the borrower’s earnings are to cease from the date specified in the notice.
The borrower must complete and return to the Authority in the format required by the Authority from time to time a standing instruction to the borrower’s bank authorising monthly lump sum payments to the Authority in such sum as is required to ensure payment of the outstanding balance F7of the relevant loan within the next 23 months.
The first date on which a bank, authorised by a borrower to make a payment, makes a payment must fall no later than 30 days after the date which the Authority specifies in a notice pursuant to regulation 15(3)(e).
If at any time the instruction to the borrower’s bank—
is refused on any second presentation by the Authority; or
is cancelled or otherwise altered by the borrower without the permission of the Authority given under paragraph (6),
then the Authority must give notice of any refusal or failed payment to the borrower and must give a notice to HMRC and to the borrower pursuant to regulation 15(3) that deductions F8in respect of the relevant loan from earnings are to recommence unless regulation 15(8) would otherwise apply.
The borrower may, at any time, agree with the Authority that repayment in accordance with this regulation will cease, and thereafter the Authority must give a notice to HMRC and to the borrower in accordance with regulation 15(3) that repayment through the tax system is to recommence unless regulation 15(8) would otherwise apply.
The Authority may suspend or delay the operation of paragraph (5) if and to the extent it appears to the Authority expedient to do so, taking into account the causes of the failed payment and the Authority must notify the borrower of any suspension or delay as the case may be.
This regulation will not affect any voluntary repayments made by a borrower by any method pursuant to regulation 15(1) F9or 15A(1).
Annotations
Textual amendments
- F1
Word in reg. 18(1) substituted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(2)(a)
- F2
Words in reg. 18(1)(a) inserted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(2)(b)
- F3
Words in reg. 18(1)(a) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 17
- F4
Words in reg. 18(1)(b) substituted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(2)(c)
- F5
Words in reg. 18(1)(c) substituted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(2)(d)
- F6
Words in reg. 18(2) inserted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(3)
- F7
Words in reg. 18(3) inserted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(4)
- F8
Words in reg. 18(5) inserted (5.9.2017) by The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 10(3)
- F9
Words in reg. 18(8) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 9
Commencement
Notes on Part 2
Textual amendments
- F1
Pt. 2 heading substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 12