# The Education (Student Loans)(Repayment)(Amendment) Regulations 2006, Regulation 9: Amendment of the Education (Student Loans) (Repayment) Regulations 2000


After regulation 12 insert the following—
“12A (1) This regulation applies in relation to England only.
(2) This regulation shall apply where a borrower is not in breach of any obligation to repay his student loan under Part 6 or any obligation to repay any loan mentioned in paragraph (5).
(3) In this regulation “post-2006 student loan” means any student loan paid under the 2006 Regulations or any subsequent Regulations made under section 22 of the Act and taken out by the following—
(a) a borrower who takes out a student loan for the first time in respect of an academic year beginning on or after 1st September 2006; or
(b) a borrower who takes out a student loan in respect of a course which satisfies the following conditions—
(i) it begins on or after 1st September 2006;
(ii) it is not an end-on course following on from a course which he began before 1st September 2006; and
(iii) it is not one to which he had his status as a student eligible for support under Regulations made under section 22 of the Act transferred from another course which he began before 1st September 2006.
(4) The Secretary of State shall cancel the borrower’s liability to repay his student loan when one of the following occurs—
(a) the borrower dies;
(b) the borrower receives a disability related benefit and because of his disability is permanently unfit for work;
(c) in the case of post-2006 student loans, the 25th anniversary of the date on which the borrower became liable to repay the student loan; or
(d) in the case of student loans which are not post-2006 student loans, the borrower reaches the age of 65.
(5) The loans mentioned in this paragraph 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 and Regulations made under it.
(6) The cancellation of the borrower’s liability to repay his student loan under paragraph (4) shall not affect his liability to make repayments under Part 3 subject to and in accordance with that Part in respect to any year of assessment—
(a) in the case of cancellation under paragraph (4)(a) during which the borrower was alive; and
(b) in any other case preceding the year of assessment during which the student loan was cancelled.
(7) The cancellation of a borrower’s liability to repay his student loan under paragraph (4) shall not affect his liability to make repayments by way of deductions made under Part 4 subject to and in accordance with that Part in respect of any earnings period ending before the date of cancellation.”

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Source: https://www.legislation.gov.uk/uksi/2006/2009/regulation/9 (the official version)
Page: https://openlegislation.uk/education-student-loansrepaymentamendment-regulations-2006/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.