Regulation 21A Interest rate on plan 2 loansF1F51
This regulation applies in relation to F2plan 2 loans.
Subject to paragraphs F3(2A), (2B), (2C), F4(2D), (2E), (2F), F5... F6... (4) F7, (4A) and (5), during any academic year, if the Authority determines that F8plan 2 loans will bear interest, loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with F9total charge for credit rules equal to—
the standard interest rate plus 3%, until the earlier of the end of the tax year in which—
the borrower completes the course;
the borrower leaves the course; or
the fourth anniversary of the course start date occurs, in the case of loans in relation to part-time courses;
after the period in sub-paragraph (a) for a F10domestic borrower—
in a tax year in which the borrower’s interest income is the lower interest threshold or less, the standard interest rate;
in a tax year in which the borrower’s interest income is more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate; or
in a tax year in which the borrower’s interest income is more than the higher interest threshold, the standard interest rate plus 3%;
after the period in sub-paragraph (a) for F11an overseas borrower, where the Authority has determined under regulation 75(1) that the borrower may repay a loan by income-related instalments and the Authority considers that the interest income the borrower is likely to receive in the next 12 month period is—
the lower interest threshold or less, the standard interest rate;
more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate;
more than the higher interest threshold, the standard interest rate plus 3%;
for any period where sub-paragraphs (a), (b), (c) and (d) do not apply to a borrower, the standard interest rate.
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Subject to paragraphs F16(2B), (2C) and (4A) F17..., during any academic year or part of any academic year, where a borrower makes repayments in accordance with regulation 18 or repays all of the outstanding balance of the F18loan under regulation 15(1), F19the loan bears interest at the rate which will result in an annual percentage rate of charge determined in accordance with total charge for credit rules equal to—
for a F20domestic borrower who was a domestic borrower for the whole or part of the previous tax year —
where the interest income the borrower received in the previous tax year is the lower interest threshold or less, the standard interest rate;
where the interest income the borrower received in the previous tax year is more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate;
where the interest income the borrower received in the previous tax year is more than the higher interest threshold, the standard interest rate plus 3%;
for F21an overseas borrower, where the Authority has determined under regulation 75(1) that the borrower may repay a loan by income-related instalments and the Authority considers that the interest income the borrower is likely to receive in the next 12 month period is—
the lower interest threshold or less, the standard interest rate;
more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate;
more than the higher interest threshold, the standard interest rate plus 3%;
for F22an overseas borrower, in any period during which a borrower is required to pay to the Authority a fixed instalment in accordance with a notice served under regulation 73, the standard interest rate plus 3%;
where sub-paragraphs (a), (b) and (c) do not apply to a borrower, the standard interest rate.
The interest income applied in paragraph (2A) will be from the tax year in which—
repayments are made under regulation 18 where—
a borrower makes repayments under regulation 18 during a tax year;
the borrower requests, after the end of the tax year in sub-paragraph (i), that their interest rate is recalculated; and
the borrower’s interest income in that tax year is less than the interest income the borrower received in the previous tax year;
a borrower repays all of the outstanding balance of the F23loan under regulation 15(1) where—
the borrower requests that their interest rate is recalculated after the end of the tax year; and
the borrower’s interest income in that tax year is less than the interest income the borrower received in the previous tax year.
Where a borrower repays all of the outstanding balance of the F24loan under regulation 15(1) in the tax year specified by regulation 15(2), F25the loan bears interest at the rate which will result in an annual percentage rate of charge determined in accordance with total charge for credit rules equal to the standard interest rate.
Subject to paragraphs F27(2E), (2F) and (4A) F28..., for a borrower to whom Part 4 applies and has applied for the whole or part of the previous tax year, where the borrower repays all of the outstanding balance of the F29... loan by way of deductions from earnings under Part 4 during the tax year beginning on 6 April 2019, any subsequent tax year or any part of those tax years, that loan bears interest at the rate which will result in an annual percentage rate of charge determined in accordance with total charge for credit rules equal to—
where the interest income the borrower received in the previous tax year is the lower interest threshold or less, the standard interest rate;
where the interest income the borrower received in the previous tax year is more than the lower interest threshold but not more than the higher interest threshold, the standard interest rate plus the additional interest rate;
where the interest income the borrower received in the previous tax year is more than the higher interest threshold, the standard interest rate plus 3%.
The interest income applied in paragraph (2D) will be from the tax year in which a borrower repays all of the outstanding balance of the F30... loan by way of deductions from earnings under Part 4 where—
the borrower requests that their interest rate is recalculated after the end of the tax year; and
the borrower’s interest income in that tax year is less than the interest income the borrower received in the previous tax year.
Where, during the tax year beginning on 6 April 2019 or any subsequent tax year or any part of those tax years, a borrower repays all of the outstanding balance of the F31... loan by way of deductions from earnings under Part 4 in the tax year specified by regulation 15(2), that loan bears interest at the rate which will result in an annual percentage rate of charge determined in accordance with total charge for credit rules equal to the standard interest rate.
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F34Subject to paragraph (4A), during F35... any academic year or part of any academic year beginning on or after 6 April 2016, where a borrower fails to comply with one or more of regulations 22, 23(4) and 72, F36their loan bears interest at the rate which will result in an annual percentage rate of charge determined in accordance with total charge for credit rules equal to the standard interest rate plus 3% for the period from the date the borrower fails to comply with one or more of regulations 22, 23(4) and 72, until the borrower complies with those regulations.
Where, at any time during the period commencing with 1st September 2026 and ending at the end of 31st August 2027, the annual percentage rate of charge determined under paragraph (2)(a), (b)(ii) or (iii), (c)(ii) or (iii) or (d), (2A)(a)(ii) or (iii), (b)(ii) or (iii) or (c), (2D)(b) or (c), or (4) exceeds 6%, the annual percentage rate of charge is deemed to be 6%.
Where a borrower changes their mode of study between full-time and part-time study the interest under paragraph (2)(a) is to be calculated as if the course is a—
full-time course, where there is a change from a part-time course to a full-time course but before the requirement to repay under regulation 15(2A) applies;
part-time course, where there is a change from a part-time course to a full-time course and the requirement to repay under paragraph 15(2A) applies;
part-time course, where there is a change from a full-time course to a part-time course.
Interest is calculated on the principal outstanding daily and is added to the principal monthly.
The Authority must publish, at least once a year, by whatever means and in whatever media the Authority thinks fit, the interest rate determined in accordance with paragraphs (2) and (4) or where relevant paragraph (3), for any forthcoming academic year or part of that year.
If, for any academic year, the Authority publishes more than one rate of interest to apply to F38plan 2 loans, any subsequent rate so published will replace any previously published rate as the rate to apply from the date specified in the notice published in accordance with paragraph (7).
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The additional interest rate is a percentage equal to 3 x (I - L)/(H - L) where—
I is the borrower’s interest income,
L is the lower interest threshold,
H is the higher interest threshold.
The borrower’s interest income is—
for a borrower to whom regulation 28 (but not regulation 42) applies, total income as calculated in accordance with regulation 29(4) but without excluding the repayment threshold in regulation 29(4)(a);
for a borrower to whom regulation 42 (but not regulation 28) applies, earnings as defined in regulation 41;
for a borrower where the Authority makes a determination that the borrower may repay a loan by income-related instalments under regulation 75, gross income as defined in regulation 71;
for a borrower to whom both regulations 28 and 42 apply in the same tax year, total income as calculated in accordance with regulation 29(4) but without excluding the repayment threshold in regulation 29(4)(a).
This regulation is subject to the following—
regulation 16 (deferral of repayment: initial training of teachers);
F43regulation 20BA (interest rate cap: plan 2, plan 3 and plan 5 loans).
In this regulation—
“higher interest threshold” means the higher interest threshold set out in, or calculated in accordance with, regulation 21AA;
“lower interest threshold” means the lower interest threshold set out in, or calculated in accordance with, regulation 21AB.
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Annotations
Textual amendments
- F1
Reg. 21A inserted (18.6.2012) by The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1309), regs. 1(1), 10
- F2
Words in reg. 21A(1) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(2)
- F3
Words in reg. 21A(2) inserted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 7(a)(i)
- F4
Words in reg. 21A(2) inserted (6.4.2019) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2019 (S.I. 2019/189), regs. 1, 5(a)
- F5
Word in reg. 21A(2) omitted (1.12.2022) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1151), regs. 1(1), 3(2) (with reg. 2)
- F6
Word in reg. 21A(2) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(3)(a)(i)
- F7
Word in reg. 21A(2) inserted (temp. until 31.8.2027) (1.9.2026) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2026 (S.I. 2026/743), regs. 1(b), 3(2)(a) (with reg. 2)
- F8
Words in reg. 21A(2) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(3)(a)(ii)
- F9
Words in reg. 21A substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 41(3)(a)
- F10
Words in reg. 21A(2)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(3)(b)
- F11
Words in reg. 21A(2)(c) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(3)(c)
- F12
Words in reg. 21A(2)(d) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(3)(c)
- F13
Reg. 21A(2)(e) and semicolon substituted for full-stop (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 7(a)(ii)
- F14
Reg. 21A(2ZA) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(4)
- F15
Reg. 21A(2A)-(2C) inserted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 7(b)
- F16
Words in reg. 21A(2A) substituted (temp. until 31.8.2027) (1.9.2026) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2026 (S.I. 2026/743), regs. 1(b), 3(2)(b) (with reg. 2)
- F17
Words in reg. 21A(2A) omitted (1.12.2022) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1151), regs. 1(1), 3(3)(b) (with reg. 2)
- F18
Word in reg. 21A(2A) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(5)(a)(i)
- F19
Words in reg. 21A(2A) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(5)(a)(ii)
- F20
Words in reg. 21A(2A)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(5)(b)
- F21
Words in reg. 21A(2A)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(5)(c)
- F22
Words in reg. 21A(2A)(c) substituted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(5)(c)
- F23
Word in reg. 21A(2B)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(6)
- F24
Word in reg. 21A(2C) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(7)(a)
- F25
Words in reg. 21A(2C) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(7)(b)
- F26
Reg. 21A(2D)-(2F) inserted (6.4.2019) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2019 (S.I. 2019/189), regs. 1, 5(b)
- F27
Words in reg. 21A(2D) substituted (temp. until 31.8.2027) (1.9.2026) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2026 (S.I. 2026/743), regs. 1(b), 3(2)(c) (with reg. 2)
- F28
Words in reg. 21A(2D) omitted (1.12.2022) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1151), regs. 1(1), 3(4)(b) (with reg. 2)
- F29
Words in reg. 21A(2D) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(8)
- F30
Words in reg. 21A(2E) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(9)
- F31
Words in reg. 21A(2F) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(9)
- F32
Reg. 21A(2G) omitted (1.12.2022) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1151), regs. 1(1), 3(5) (with reg. 2)
- F33
Reg. 21A(3) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(10)
- F34
Words in reg. 21A(4) substituted (temp. until 31.8.2027) (1.9.2026) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2026 (S.I. 2026/743), regs. 1(b), 3(2)(d) (with reg. 2)
- F35
Words in reg. 21A(4) omitted (1.12.2022) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/1151), regs. 1(1), 3(6)(b) (with reg. 2)
- F36
Words in reg. 21A(4) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(11)
- F37
Reg. 21A(4A) inserted (temp. until 31.8.2027) (1.9.2026) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2026 (S.I. 2026/743), regs. 1(b), 3(2)(e) (with reg. 2)
- F38
Words in reg. 21A(8) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(12)
- F39
Reg. 21A(8A) omitted (16.1.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(1)(c), 25(13)
- F40
Reg. 21A(8B) omitted (16.1.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(1)(c), 25(13)
- F41
Reg. 21A(9) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(14)
- F42
Reg. 21A(11A) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(16)
- F43
Reg. 21A(11A)(b) substituted (1.12.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2023 (S.I. 2023/1184), regs. 1(2), 3(3)
- F44
Reg. 21A(11B) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(17)
- F45
Reg. 21A(12) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F46
Reg. 21A(12A) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F47
Reg. 21A(13) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F48
Reg. 21A(13A) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F49
Reg. 21A(14) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F50
Reg. 21A(15) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(18)
- F51
Words in reg. 21A heading substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 25(1)
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