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Helen Hill
Helen Hill, Lawyer
Category: Law
Satisfied Customers: 316
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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My husband took out a student loan to do a degree

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My husband took out a student loan to do a degree coourse.Unfortunately in his 3 rd year he had mental health issues.He did return year latter completed degree.He only worked a year after this. He has outstanding student loan,He has never returned to work does not claim any benefits.He has received a letter from student loan company Requesting information in his circumstances.I work ful time so take on all financial responsibilities.Is this what we should state on the form.I am worried that the debt will be transferred to myself. I am now 60 I cannot take on a debt of over 20000 pounds.any advice
JA: Where is this? It matters because laws vary by location.
Customer: Scotland
JA: What steps have been taken so far?
Customer: He only paid some of his loan .Year after he graduated.He has not worked since 2014.no other payments have been made to the loan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t believe so

Thank you for your question. I am very sorry to hear about your circumstances but I will be able to assist you.

A student loan is a personal debt om the person who took the loan out. This means that it is only your husband who is assessed as to whether he is able to repay the loan and not you as a couple, even though you are married. He will only ever have to make repayments if he earns above the salary threshold which is currently £18,330. This is based on his personal income and would not include your salary.

You do not say when the loan was taken out but it sounds reasonably recently. If he is never able to work and earn over the threshold the loan will eventually be cancelled either when he reaches 65 (If the loan was taken out before the year 2006/07 or after 35 years. You can also apply to have the loan cancelled if he were to receive a disability related benefit or if it was deemed that he was permanently unfit for work. They would require you to send medical evidence to support this.

I hope this gives you the reassurance you were seeking. Do you have any further questions I could assist with?

Thank you for your reply - please reply in this thread to avoid any additional charges.

Repayments are purely based on income and the level of savings he has will not mean he has to repay the loan.

I hope this is helpful - please could you kindly provide a star rating if this has answered your question.

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