The Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2020

Publication Date:January 01, 2020
 
FREE EXCERPT

2020No. 638 (W. 146)

EDUCATION, WALES

The Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2020

Made23June2020

Laid before Senedd Cymru25June2020

Coming into force1August2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon the Secretary of State by sections 22(2)(g), (3)(d) and 42(6) of the Teaching and Higher Education Act 1998( 1) and now exercisable by them( 2).

Title and commencement

1.—(1) The title of these Regulations is the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2020.

(2) These Regulations come into force on 1 August 2020.

Application

2. These Regulations apply in relation to Wales and to the provision of support to students in respect of the Academic Year 2020/2021.

Interpretation

3. In these Regulations—

“the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998;

“the 2008 Act” (“Deddf 2008”) means the Sale of Student Loans Act 2008( 3);

“academic year” (“blwyddyn academaidd”) means the period of twelve months beginning on 1 September, 1 January, 1 April or 1 July of the calendar year in which the academic year of the course in question begins, according to whether that academic year begins on or after 1 August but before 1 January, on or after 1 January but before 1 April, on or after 1 April but before 1 July, or on or after 1 July but before 1 August, respectively;

“Academic Year 2020/2021” (“Blwyddyn Academaidd 2020/2021”) means an academic year which begins on or after 1 September 2020 but before 1 September 2021;

“borrower” (“benthyciwr”) means a person who has received a loan for living costs;

“loan for living costs” (“benthyciad at gostau byw”) is a loan received from the Welsh Ministers in respect of the Academic Year 2020/2021 under Part 6 of the Education (Student Support) (Wales) Regulations 2017( 4) or under Part 8 of the Education (Student Support) (Wales) Regulations 2018( 5) in respect of a full-time course;

“Outstanding Liability” (“Atebolrwydd sydd heb ei Dalu”) has the meaning given in regulation 7;

“Repayment Date” (“Dyddiad Ad-dalu”) means the day after the date on which the borrower's first loan repayment is considered to have been received by either Her Majesty's Revenue and Customs or the Welsh Ministers, whichever is considered (in accordance with regulations made under section 22 of the 1998 Act( 6)) to have received it first;

“Satisfaction Date” (“Dyddiad Bodloni”) has the meaning given in regulation 9;

“Specified Amount” (“Swm Penodedig”) has the meaning given in regulation 6; and

“Welsh Ministers” (“Gweinidogion Cymru”) includes any person to whom they have transferred or delegated their functions under section 23 of the 1998 Act( 7) or to whom they have transferred their rights under section 9 of the 2008 Act.

Qualification for cancellation

4. A borrower qualifies for cancellation of the Specified Amount of their Outstanding Liability in the circumstances set out in regulation 5 (“the Circumstances”).

Circumstances

5. The Circumstances for the purposes of regulation 4 are that the Welsh Ministers consider that, on the Repayment Date, the borrower—

(a) is not in breach of any obligation contained in any agreement for a student loan or in any regulations made under section 22 of the 1998 Act;

(b) does not have outstanding penalties, costs, expenses or charges in relation to such a loan pursuant to any such agreement or regulations; and

(c) has not received a cancellation (including a cancellation of £0.00) under the provisions of—

(i) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2010( 8);

(ii) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2011( 9);

(iii) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2012( 10);

(iv) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2013( 11);

(v) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2014( 12);

(vi) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2015( 13);

(vii) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2016( 14);

(viii) the Cancellation of Student Loans for Living Costs Liability (Wales) Regulations 2017( 15);

(ix) the Cancellation of Student Loans for Living Costs Liability (Wales)...

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