{
  "url": "https://openlegislation.uk/education-student-loans-repayment-regulations-2009/regulation-20",
  "json_url": "https://openlegislation.uk/education-student-loans-repayment-regulations-2009/regulation-20.json",
  "legislation": "uksi/2009/470",
  "legislation_title": "The Education (Student Loans) (Repayment) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/education-student-loans-repayment-regulations-2009",
  "path": "regulation/20",
  "kind": "regulation",
  "number": "20",
  "heading": "Refunds",
  "text": "(A1) This regulation applies in relation to plan 1, 2, 3 and 5 loans.\n(1) Where the Authority has received a repayment either directly from the borrower or from HMRC under Part 4—\n(a) which results in the loan being repaid in full, or\n(b) when the loan has already been repaid in full,\nthe Authority must refund to the borrower any amount not required to repay the loan in full together with interest calculated in accordance with paragraph (1A).\n(1A) The excess payment accrues interest—\n(a) on and after the day on which the Authority receives the excess payment until the earlier of—\n(i) the end of the 60th day after the day on which the Authority gives notice under paragraph (1B), or\n(ii) the end of the day on which the Authority refunds the excess payment to the borrower, and\n(b) at the rate set out in paragraph (1C).\n(1B) The Authority must give notice informing the borrower of the following—\n(a) that the Authority—\n(i) has received an excess payment;\n(ii) must pay interest on an excess payment;\n(b) the period for which an excess payment accrues interest.\n(1C) The rate at which an excess payment accrues interest is—\n(a) if the excess payment relates to a plan 1, 3 or 5 loan, the rate at which the loan would have borne interest if it had not been repaid in full;\n(b) if the excess payment relates to a plan 2 loan, the lower of—\n(i) the rate at which the loan would have borne interest if it had not been repaid in full, or\n(ii) the standard interest rate.\n(2) Where the Authority is considered to have received a payment from HMRC under Part 3 in respect of a tax year –\n(a) which results in the loan being repaid in full, or\n(b) when the loan has already been repaid in full,\nthe repayment will be considered to have been received by the Authority on 31 January next following the tax year in accordance with regulation 17(b) and the Authority must refund to HMRC for the borrower’s account any excess payment which results from the receipt.\n(3) A refund under paragraph (2) will not carry interest and HMRC will be considered to have received the refund on the date on which the amount refunded was considered to have been received by the Authority in accordance with regulation 17.\n(4) Subject to ... regulation 20A where the Authority has received a repayment by way of deduction from the borrower’s earnings for a tax year in accordance with Part 4 and those earnings do not exceed the repayment threshold, the Authority must refund the amount deducted if the borrower applies for a refund.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 20(A1) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in reg. 20(1)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 20(1)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 20(1) substituted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 8(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 20(1A)(1B) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(3)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 20(1C) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(4)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Word in reg. 20(2)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(5)(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in reg. 20(2)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(5)(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in reg. 20(2) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(5)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 20(4) inserted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 6(a)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Word in reg. 20(4) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(6)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 20(4) substituted (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), 12(6)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 20(4) substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 5"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Reg. 20(5) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 20(7)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Reg. 20(6)-(9) 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), 12(7)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 20 in force at 6.4.2009, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/470/regulation/20",
    "retrieved_at": "2026-10-29T03:16:41.591721+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}