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The Education (Student Loans) (Repayment) Regulations 2009

S.I. 2009/470 · Made 1 March 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2026.

Education

Made 1st March 2009

Laid before Parliament 12th March 2009

Laid before the National Assembly for Wales 12th March 2009

Coming into force:

All regulations except regulations 2(2), 15(5)(f), 18, 21 and Part 6 6th April 2009

Regulations 2(2), 21 and Part 6 1st September 2009

Regulations 15(5)(f) and 18 21st December 2009

These Regulations are made by the Secretary of State for Innovation, Universities and Skills in exercise of the powers conferred by sections 22 and 42 of the Teaching and Higher Education Act 1998f1, sections 5 and 6 of the Sale of Student Loans Act 2008f2, and by sections 73(f) and 73B of the Education (Scotland) Act 1980f3 and by the Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 22 and 42 of the Teaching and Higher Education Act 1998, now exercisable by them, and by sections 5 and 6 of the Sale of Student Loans Act 2008:

Annotations to the whole text

Footnotes

f1

1998 c.30. Section 22 was amended by the Learning and Skills Act 2000 (c.21) section 146, the Income Tax (Earnings and Pensions) Act 2003 (c.1) Schedule 6, the Finance Act 2003 (c.14) section 147 and by the Higher Education Act 2004 (c.8) sections 42 and 43. The functions of the Secretary of State under section 22 of the Teaching and Higher Education Act 1998 as regards Wales were transferred to the National Assembly for Wales by section 44 of the Higher Education Act 2004, except for those functions under section 22(2)(a), (c), (j) and (k), 3(e) and (f) and (5). Functions under sub-sections 22(2)(a), (c) and (k) were exercisable concurrently with the National Assembly. The functions so transferred were subsequently transferred to the Welsh Ministers by the Government of Wales Act 2006 (c.32) section 162 and Schedule 11

f2

2008 c.10

f3

1980 c.44. Section 73B was inserted by section 29 of the Teaching and Higher Education Act 1998.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Revocation of previous Regulations
  4. 3Interpretation
  5. 3AMeaning of “plan 1 loan”
  6. 3BMeaning of “plan 2 loan”
  7. 3CMeaning of “plan 3 loan”
  8. 3DMeaning of “plan 4 loan”
  9. 3EMeaning of “plan 5 loan”
  10. 4Application: general
  11. 5Wales
  12. 6Scotland Repealed
  13. 7Application to transferred loans in England and Wales
  14. 8Service by post or electronic communication
  15. 8AHow to calculate country-specific multiplier
  16. 8BHow to calculate repayment threshold variable
  17. 8CStatus of examples
  18. Part 2: Repayments: general
  19. 9Interpretation of Part 2
  20. 10Functions of HMRC
  21. 11Transfer of repayments due to a loan purchaser
  22. 12Officers of Revenue and Customs
  23. 13Penalties in relation to Parts 3 and 4
  24. 14Application of repayments
  25. 15Timing of repayments for specified student loans and notification of repayments for all student loans
  26. 15ATiming of repayments for plan 5 LLE loans
  27. 16Deferral of repayment: initial training of teachers
  28. 17Date of repayment
  29. 18Direct debit repayment
  30. 18ADivision of repayment : more than one loan
  31. 19Cancellation
  32. 20Refunds
  33. 20AExcess payments: more than one loan
  34. 20BInterest rate not to exceed prevailing market rate Repealed
  35. 20BAInterest rate cap: plan 2, plan 3 and plan 5 loans
  36. 21Interest rate on plan 1 loans
  37. 21AInterest rate on plan 2 loans
  38. 21AAHigher interest threshold for plan 2 loans
  39. 21ABLower interest threshold for plan 2 loans
  40. 21BInterest rate on plan 3 loans
  41. 21CInterest rate on plan 5 loans
  42. 22Information requests
  43. 23Information notices
  44. 24Penalties and Penalty Notices
  45. 25Costs and expenses
  46. 26Alteration of relevant time limits
  47. 27Foreclosure
  48. Part 3: Repayments by Assessment to Income Tax
  49. 28Repayments of student loans ... by persons required to submit a tax return
  50. 29Time for and amount of repayments
  51. 30Personal return
  52. 31Returns to include self-assessment
  53. 32Records
  54. 33Other returns and information
  55. 34Assessment, claims and appeals
  56. 35Payment
  57. 36Late payment penalties
  58. 37Collection and recovery
  59. 38Persons chargeable in a representative capacity
  60. 39Interest
  61. 40Penalties
  62. Part 4: Deduction of Repayments by Employers
  63. 41Interpretation of Part 4
  64. 41AReal Time Information employers Repealed
  65. 42Repayment of student loans ... by employees
  66. 43New employee to inform employer of repayments liability
  67. 43ACommencement of employment with a Real Time Information employer Repealed
  68. 44Amount of repayments
  69. 45Calculation of earnings
  70. 46Earnings periods
  71. 47Multiple employers
  72. 48Intermediate employers
  73. 49Notice to employers
  74. 50Deductions of repayments
  75. 51Priority where other deductions required
  76. 52Deductions working sheet
  77. 53Certificate of repayments
  78. 54Payment of repayments deducted to HMRC
  79. 54APayments to and recoveries from HMRC for each income tax period by Real Time Information employers: returns under regulation 59F(5)
  80. 55Notice and certificate when repayments deducted not paid
  81. 56Notice of specified amount and certificate when repayments not deducted
  82. 57Recovery of payments deducted through the income tax system
  83. 58Interest on unpaid repayments
  84. 59Returns by employers
  85. 59AApplication of regulations 59B to 59F
  86. 59BReal time returns of information about payments of earnings
  87. 59BAEmployees paid in specified circumstances
  88. 59BBBenefits and expenses – returns under regulations 85 to 87 of the PAYE Regulations
  89. 59CModification of the requirements of regulation 59B: notional payments
  90. 59DRelationship between regulation 59B and aggregation of earnings
  91. 59EExceptions to regulation 59B
  92. 59FReturns under regulations 59B and 59E: amendments
  93. 59GFailure to make a return under regulation 59B or 59E
  94. 60Inspection of employers’ records
  95. 61Powers to obtain information
  96. 62Formal determination of repayments payable by employer
  97. 63Interest on unpaid repayments which have been formally determined
  98. 64Death of employer
  99. 65Succession to a business
  100. 66Payment by cheque
  101. 67Cessation of employment
  102. 68Penalties
  103. 69Collection and recovery of penalties
  104. 70Application of the PAYE Regulations
  105. Part 5: Repayment of plan 1, 2, 3 and 5 loans by Overseas Borrowers
  106. 71Interpretation of Part 5
  107. 72Notice of overseas residence
  108. 73Notice of liability to make repayments
  109. 74Repayment by fixed instalments
  110. 74AHow to calculate fixed instalment rate
  111. 75Repayment by income-related instalments
  112. 75AHow to calculate applicable threshold
  113. 76Calculation of fixed instalment and applicable threshold Repealed
  114. 77Application to cease repayment by instalments
  115. 78Foreclosure
  116. 79Costs and expenses of the Authority
  117. Part 6: Insolvency in relation to plan 1, 2, 3 and 5 loans
  118. 80Effect of borrower insolvency ...
  119. Signature
  120. Schedule 1Schedule 1
  121. Schedule 1A: Repayment thresholds
  122. 1Plan 1 loan
  123. 2Plan 2 loan
  124. 3Plan 3 loan
  125. 4Plan 4 loan
  126. 5Plan 5 loan
  127. Schedule 2: Real time returns
  128. 1Information about the employer and employee
  129. 2Information about payments to the employee, etc
  130. 3Information about payments to the employee, etc
  131. 4Information about payments to the employee, etc
  132. 5Information on the commencement of employment
  133. Explanatory note