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HMRC internal manual

Debt Management and Banking Manual

Debt and return pursuit: miscellaneous charges: Student Loans penalties

How these charges arise

Employer Compliance Units may impose penalty determinations on an employer in respect of failure to comply with the requirements of The Education (Student Loans) (Repayment) Regulations 2009 [SLR]. It is expected that there will only be a small number each year.

The regulations identify a number of circumstances in which penalties can be imposed and they can be either determined by an Officer of the Board on form 394 or imposed by the Commissioners on form 305 using the mechanisms in Part X of TMA 1970.

The charges will be entered on to SAFE, which will be responsible for accounting for and initial pursuit of the debts.

Due date for payment

394 penalty determinations are due 30 days from the issue of the determination notice.

305 penalties are due 30 days from the issue of the penalty notice.

SAFE action

SAFE will automatically issue the appropriate payment reminders the pass the case on for local recovery action at the appropriate time. When debt technical office action is required SAFE will output an entry to the SAFE Local Action worklist.

Debt technical office action

Amendments to the amount collectible and payments will not be notified except that where the collectable amount becomes nil the entry will be removed from the worklist. It is therefore imperative to check SAFE at each stage before any action is taken. Regulation 69 SLR provides for the penalties to be treated for the purpose of enforcement as if they were an amount of tax.

Enforcement - England, Wales and Northern Ireland

Penalty determinations and penalties awarded by the Commissioners can be enforced by any of the usual methods.

Please note that they are not suitable for the County Court Bulk Centre.

Enforcement - Scotland

For summary warrant describe the debt as “Penalty imposed under Regulation [59] [68] of The Education (Student Loans)(Repayment) Regulations 2009”.

In ordinary cause/summary proceedings for details of claim of Condescendence 2 you should find the style in the disk of styles provided by Debt Management Group Edinburgh.


Interest is not chargeable on late payment of these penalties.