# The Education (Student Loans) (Repayment) Regulations 2009, Regulation 80: Effect of borrower insolvency ...

Extent: E+W+S+N.I.

(1) In this Part, “eligible student” means any person who is an eligible student—
(a) in England, for the purposes of the Education (Student Support) (No 2) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act;
(b) in Wales, for the purposes of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2008 or any subsequent Regulations made under section 22 of the 1998 Act; or
(c) In Northern Ireland, for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2008 or any subsequent Regulations made under the Education (Student Support) (Northern Ireland) Order 1998.
(2) In England and Wales—
(a) any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under section 307, 310 or 310A of the Insolvency Act 1986, whether the entitlement arises before or after the commencement of the bankruptcy; ...
(b) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan will not be included in that person’s bankruptcy debts ....
(c) any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive before or after the approval of that person’s individual voluntary arrangement under Part 8 of the Insolvency Act 1986 will not be treated as part of any arrangement approved under section 258 or 263D of that Act, whether the entitlement arises before or after the approval of the arrangement; and
(d) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan will not be included in that person’s individual voluntary arrangement ....
(3) In Northern Ireland—
(a) any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive after the commencement of that person’s bankruptcy, will not be treated as part of the bankrupt’s estate or claimed for the bankrupt’s estate under Article 280, 283 or 283A of the Insolvency (Northern Ireland) Order 1989, whether the entitlement arises before or after the commencement of the bankruptcy; ...
(b) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan will not be included in that person’s bankruptcy debts ....
(c) any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan which the eligible student receives or is entitled to receive before or after the approval of that person’s individual voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 will not be treated as part of the individual voluntary arrangement approved under articles 232 or 237D of that Order, whether the entitlement arises before or after the approval of the arrangement; and
(d) any debt or liability to which that person is or may become subject in respect of any sum payable to an eligible student by way of a plan 1, 2, 3, or 5 loan will not be included in that person’s individual voluntary arrangement ....

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Source: https://www.legislation.gov.uk/uksi/2009/470/regulation/80 (the official version)
Page: https://openlegislation.uk/education-student-loans-repayment-regulations-2009/regulation-80
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.