Citation, commencement and extent

1. —(1) These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.

(2) These Regulations shall extend to England and Wales.

Interpretation

2. —(1) In these Regulations “the principal Regulations” means the Education (Student Loans) (Repayment) Regulations 2000 ( 3 ).

(2) In regulation 2 of the principal Regulations, in the appropriate places in alphabetical order, insert the following definitions—

“ “eligible employment” has the same meaning as in the Teachers' Regulations; ” ;

“ “eligible teacher” means a teacher with a student loan made when he was resident in England or Wales who is eligible for a reduction in respect of that loan under the Teachers' Regulations; ” ;

“ “full-time” employment is full-time if the contract of employment so provides; ” ,

“ “part-time” employment is part-time if the contract of employment requires the employee to work for less than the whole of the working week; ” ; and

“ “the Teachers' Regulations ” means the Education (Teacher Student Loans) (Repayment etc. ) Regulations 2002 ( 4 ) ; ” .

Amendments to regulation 11 of the principal Regulations

3. —(1) Regulation 11 of the principal Regulations shall be amended as follows.

(2) After paragraph (4) insert the following paragraphs—

“ (4A) A borrower who is an eligible teacher in full-time eligible employment shall not be required to repay any of his student loan during the period he remains eligible under regulation 3(1) of the Teachers' Regulations.

(4B) A borrower who is an eligible teacher in part-time eligible employment shall not be required to repay the proportion of any of his student loan for which he is eligible for a reduction under the Teachers' Regulations during the period he remains eligible under regulation 3(1) of the Teachers' Regulations. ” .

(3) In paragraph (5)(d)(iii) after “cancelled;” insert—

“ or

(iv) the borrower is an eligible teacher in full-time eligible employment; ” .

(4) In paragraph (5)(e)(iv) after “paragraph (4)” insert—

“ or

(v) the borrower is an eligible teacher in full-time eligible employment ” .

(5) After paragraph (8) insert the following paragraphs—

“ (8A) Where a borrower is an eligible teacher in full-time eligible employment the Secretary of State shall not issue a notice under paragraphs (5)(a) to (d).

(8B) Paragraph (5) shall apply where—

(i) a person ceases to be eligible for a reduction under the Teachers' Regulations; or

(ii) an eligible teacher in full-time eligible employment changes to part-time eligible employment. ” .

Amendment to regulation 13 of the principal Regulations

4. After regulation 13(4) of the principal Regulations add the following paragraph—

“ (5) Where the Secretary of State has received a voluntary payment not required under these Regulations in relation to loans of a borrower who is an eligible teacher after he has commenced eligible employment or 1st September 2002 whichever is the later he may refund to the borrower—

(a) who is a full-time eligible teacher, an amount equal to that payment, or

(b) who is a part-time eligible teacher, an amount equal to the part of that payment which is not required to pay the loan in full not including the proportion of the loan for which he is eligible for a reduction under the Teachers' Regulations. ” .

Amendments to regulation 15 of the principal Regulations

5. —(1) Regulation 15 of the principal Regulations shall be amended as follows.

(2) After paragraph (5)(a) insert the following sub-paragraph—

“ (aa) where a borrower is an eligible teacher in part-time eligible employment, any amount of his income from that employment in excess of £ 10,000; ” .

(3) At the end of paragraph (5)(g) delete ‘and’.

(4) In paragraph (5)(h) after “expenditure)” insert—

“ ; and

(i) amounts of any reduction or repayment made under the Teachers' Regulations ” .

Amendment to regulation 35 of the principal Regulations

6. After regulation 35(7) of the principal Regulations add the following paragraph—

“ (8) Paragraph (1) shall not apply to an employer of an eligible teacher in respect of eligible employment where the employer has received a written notification from the Secretary of State to that effect. ” .

Amendment to regulation 43 of the principal Regulations

7. —(1) Regulation 43 of the principal Regulations shall be amended as follows.

(2) At the end of paragraph (1)(b) delete ‘or’.

(3) In paragraph (1)(c) after “officer” insert—

“ ; or

(d) any notification received under regulation 35(8) ” .