Regulation 19 CancellationI1

United Kingdom

F1(A1)

This regulation applies in relation to plan 1, 2, 3 and 5 loans.

F2(1)

This regulation applies where a borrower is not in breach of any obligation to repay any of the following—

(a)

a loan mentioned in paragraph (4);

(b)

F3a plan 1, 2, 3 or 5 loan.

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In this regulation “post-2006 student loan” means F5a plan 1 loan paid under F6an enactment cited in table 2 or 3 of regulation 3A and taken out by—

(a)

a borrower who takes out a F7plan 1 loan for the first time in respect of an academic year beginning on or after 1 September 2006; or

(b)

a borrower who takes out a F8plan 1 loan in respect of a course which satisfies the following conditions–

(i)

it begins on or after 1 September 2006;

(ii)

it is not an end-on course following on from a course which the borrower began before 1 September 2006; and

(iii)

it is not one to which the borrower’s status as a student eligible for support under F9an enactment cited in table 2 or 3 of regulation 3A has been transferred from another course which the borrower began before 1 September 2006.

(3)

The Authority or loan purchaser must cancel the borrower’s liability to repay the F10loan when one of the following occurs—

(a)

the borrower dies;

(b)

the borrower receives a disability-related benefit and because of the disability is permanently unfit for work;

(c)

in the case of F11a post-2006 student loan, the 25^th anniversary of the date on which the borrower became liable to repay F12the loan; F13...

(d)

in the case of F14a plan 1 loan other than a post-2006 student loan, the borrower reaches the age of 65 F15... F16...

F17(e)

in the case of F18a plan 2 loan, unless sub-paragraph (f) applies, the 30^th anniversary of the date on which the borrower became liable to repay F19the loan F20...

F21(f)

in the case of a F22plan 2 loan or plan 5 non-LLE loan for an Access to HE Diploma, if the borrower—

(i)

achieves at least one Access to HE Diploma, and

(F23ii)

as an eligible student completes—

(aa)

a course designated by or under regulation 5 or 139 of the 2011 Support Regulations, or

(bb)

a designated course, within the meaning of regulation 10 of the 2026 Support Regulations, which is a full course within the meaning of those Regulations, but is not an ALL-transfer course or a gateway course;

F24(g)

in the case of F25a plan 3 loan, the 30th anniversary of the date on which the borrower became liable to repay F26the loan;

F27(h)

in the case of a plan 5 loan, unless sub-paragraph (f) applies, the 40th anniversary of the date on which the borrower became liable to repay the loan.

(4)

For the purposes of paragraph (1) the loans are loans made under the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and Regulations made under it, and the Education (Student Support) (Northern Ireland) Order 1998^f1 and Regulations made under it.

(5)

The cancellation of the borrower’s liability to repay the F28loan under paragraph (3) does not affect the liability of the borrower to make repayments under Part 3 subject to and in accordance with that Part in respect of any tax year—

(a)

in the case of cancellation under paragraph (3)(a), during which the borrower was alive; and

(b)

in any other case, preceding the tax year during which the F29loan F30or the postgraduate F31... degree loan was cancelled.

(6)

The cancellation of a borrower’s liability to repay the F32loan under paragraph (3) does not affect the employer’s liability to make deductions under Part 4 subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.

F33(7)

In this regulation—

“Access to HE Diploma” has the meaning given in regulation 2 of the Further Education Loans Regulations 2012;
F34“ALL-transfer course” has the meaning given in paragraph 1 of Schedule 1 to the 2026 Support Regulations;
F35...
F36“eligible student” means a student who falls within the meaning of that term in—
1. (a)
  regulation 4(2) or 137(2) of the 2011 Support Regulations, or
2. (b)
  regulation 7(2) of the 2026 Support Regulations;
F37“gateway course” has the meaning given in paragraph 1 of Schedule 1 to the 2026 Support Regulations.

Annotations

Textual amendments

F1: Reg. 19(A1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(1)
F2: Reg. 19(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), 11(2)
F3: Reg. 19(1)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(2)(a)
F4: Reg. 19(1)(c) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(2)(b)
F5: Words in reg. 19(2) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(3)(a)(i)
F6: Words in reg. 19(2) substituted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(3)(a)(ii)
F7: Words in reg. 19(2)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(3)(b)
F8: Words in reg. 19(2)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(3)(c)(i)
F9: Words in reg. 19(2)(b)(iii) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(3)(c)(ii)
F10: Word in reg. 19(3) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(a)
F11: Words in reg. 19(3)(c) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(b)(i)
F12: Words in reg. 19(3)(c) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(b)(ii)
F13: Word in reg. 19(3)(c) deleted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 7(b)
F14: Words in reg. 19(3)(d) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(c)
F15: Full stop in reg. 19(3)(d) deleted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 7(c)(ii)
F16: Word in reg. 19(3)(d) deleted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 5(a)
F17: Reg. 19(3)(e) inserted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 7(d)
F18: Words in reg. 19(3)(e) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(d)(i)
F19: Words in reg. 19(3)(e) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(d)(ii)
F20: Word in reg. 19(3)(e) omitted (5.9.2017) by virtue of The Repayment of Student Loans and Postgraduate Master’s Degree Loans (Amendment) Regulations 2017 (S.I. 2017/831), regs. 1(1), 11(4)(b)
F21: Reg. 19(3)(f) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(e)
F22: Words in reg. 19(3)(f) substituted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(2)(a)
F23: Reg. 19(3)(f)(ii) substituted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(2)(b)
F24: Reg. 19(3)(g) 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), 11(4)(d)
F25: Words in reg. 19(3)(g) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(f)(i)
F26: Words in reg. 19(3)(g) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(f)(ii)
F27: Reg. 19(3)(h) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(4)(g)
F28: Word in reg. 19(5) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(5)(a)
F29: Word in reg. 19(5)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(5)(b)
F30: Words in reg. 19(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), 11(5)
F31: Word in reg. 19 omitted (11.6.2018) by virtue of The Education (Postgraduate Doctoral Degree Loans and the Education (Student Loans) (Repayment) (Amendment) (No. 2) etc.) Regulations 2018 (S.I. 2018/599), regs. 1(1), 25 (with reg. 1(3))
F32: Word in reg. 19(6) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(6)
F33: Reg. 19(7) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 19(7)
F34: Words in reg. 19(7) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(3)(a)
F35: Words in reg. 19(7) omitted (1.9.2026) by virtue of The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(3)(b)
F36: Words in reg. 19(7) substituted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(3)(c)
F37: Words in reg. 19(7) inserted (1.9.2026) by The Education (Student Loans) (Repayment) (Amendments for Lifelong Learning) Regulations 2026 (S.I. 2026/857), regs. 1(1), 10(3)(d)

Commencement

I1: Reg. 19 in force at 6.4.2009, see reg. 1(1)

Footnotes

f1: SI 1998/1760 (NI. 14) as amended by the Learning and Skills Act 2000 (c.21) section 147(3)(a) and (b) and the Higher Education (Northern Ireland) Order 2005 (SI 2005/1116 (NI. 5)).

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