Regulation 29 Time for and amount of repaymentsI1
United Kingdom
Every borrower who has received a notice from the Authority of a requirement to make repayments of a student loan F1... under regulation 15(3)(a) must make repayment in respect of any tax year—
which is specified in a notice under regulation 15(3)(a) or which, subject to paragraph (2), is any subsequent year up to and including any year specified in a notice under regulation 15(3)(d); and
for which the borrower has been required to make and deliver a return under section 8 of the 1970 Act.
A borrower will not be required to make repayments in respect of any tax year specified in a notice under regulation 15(3)(c) or any subsequent year falling before a year specified in a subsequent notice under regulation 15(3)(a).
A borrower’s total income for the purposes of paragraph (3) will be calculated by identifying the borrower’s total income in accordance with step 1 of section 23 of the 2007 Act and from that total income:
excluding the F8repayment threshold;
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excluding unearned income unless the amount of such income for that year exceeds £2,000;
excluding incapacity benefit payable under the Social Security Contributions and Benefits Act 1992f1;
excluding amounts chargeable to tax under Chapters 5, 6, 7 or 10 of Part 3 of the 2003 Act (benefits in kind);
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excluding Employment and Support Allowance paid under the Welfare Reform Act 2007f2;
deducting the amount of any loss in respect of which relief is given under any of the following—
section 64 of the 2007 Act (trade loss relief against general income);
section 83 of the 2007 Act (carry-forward trade loss relief);
section 118 of the 2007 Act (carry-forward property loss relief);
section 120 of the 2007 Act (property loss relief against general income);
section 128 of the 2007 Act (in respect of losses in an employment); and
deducting the amount of any payment in respect of which relief is given under section 96 of the 2007 Act (relief for post-cessation expenditure);
For the purposes of this regulation, unearned income is income other than—
income charged under the provisions of either the 2003 Act or Part 2 of F12the Income Tax (Trading and Other Income) Act 2005 except jobseeker’s allowance to which Chapter 3 of Part 10 of the 2003 Act applies; and
the profits of a UK furnished holiday lettings business within the meaning of section 127(2) of the 2007 Act.
If a borrower is required to repay a combination of plan 1, 2, 4 or 5 loans, the repayment threshold for the loan with the lowest repayment threshold applies.
In this regulation—
“the 2007 Act” means the Income Tax Act 2007;
“jobseeker’s allowance” has the meaning given in section 1(1) of the Jobseekers Act 1995.
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Annotations
Textual amendments
- F1
Words in reg. 29(1) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(1)
- F2
Reg. 29(3) 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), 20(3)
- F3
Words in reg. 29(3)(a) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(2)(a)
- F4
Words in reg. 29(3)(b) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(2)(b)
- F5
Reg. 29(3A) 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), 20(4)
- F6
Word in reg. 29(3A) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(3)(a)
- F7
Words in reg. 29(3A) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(3)(b)
- F8
Words in reg. 29(4)(a) substituted (6.4.2011) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2011 (S.I. 2011/784), regs. 1(1), 6(a)
- F9
Reg. 29(4)(b) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(4)
- F10
Reg. 29(4)(f) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(4)
- F11
Reg. 29(4)(h) substituted (6.4.2010) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2010 (S.I. 2010/661), regs. 1(1), 3
- F12
Words in reg. 29(5) substituted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(5)
- F13
Reg. 29(5A)(5B) inserted (6.4.2023) by The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(6)
- F14
Reg. 29(6)-(10) omitted (6.4.2023) by virtue of The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1335), regs. 2(2), 33(7)