Employer Student Loans Sub Group - Minutes

Tuesday 15 September 2009 (10:30-13:00) Room 3/1, (South) 22 Kingsway, London

Attendees

David Malcolm (NUS)
Ian Brearley (IPP)
Marcia Bowen (Payroll Alliance)
Angela Williams (ICAEW)
Karen Duncan (BIS)
Kevin O’Connor (SLC)
Jackie McGale (SLC)
Liz Cunningham (HMRC)
Janet Clayton (HMRC)
Alex Lawrence (HMRC)
Christine Rowse (HMRC)
Angela Bell (HMRC)
Helen Glover (HMRC)

Apologies

Pete Jukes (BCS)
Rosa Tormo (CBI)
Linda Pullan (Payroll Alliance)
Colin Ben Nathan (CIOT)
Kelly Sizer (LITRG)
Jackie Petherbridge (FSB)
Don Macarthur (HMRC)
Nicky Kennedy (HMRC)
Nick Mosley (HMRC)
Kathryn Symms (BIS)

1. Introduction and opening remarks

Liz Cunningham (EC) welcomed everyone to the meeting and made apologies for those unable to attend.

EC welcomed Ian Brearley the new representative from IPP and Angela Williams who will joining the group representing Institute of Chartered Accountants in England and Wales (ICAEW)

EC remarked on a few issues:

  • On 13 May we had written to the group confirming that BIS would not be increasing the income threshold from April 2010,
  • On 20 May we had advised that student loans will be included the SA short tax return from the 2009-2010 year onwards and
  • She thanked those that had provided input to the SLC repayment leaflet.

Ian Brearley asked about the format of the meeting and was advised that it was informal and interactive with questions being asked at any time.

Ian Brearley asked about the short tax return and a full explanation was provided by EC.

2. Action Points carried from previous meetings and matters arising

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Short Self Assessment tax return

EC advised that we had previously looked at the possibility of including student loans in the Short tax Return but we had been advised that due to space limitations it would not be possible. Since then the SA team have reviewed the position and while spacing is still an issue it is likely that student loans can be included in the Short Tax Return from 2009-2010 onwards. A mock-up of the new form has been produced and the SA team are now testing that the SA calculation produces the correct results. The decision is expected imminently and will be notified to the group.

Action - To notify the group of the decision

20.5.09 - e-mail sent to group - Closed

Liz Cunningham

2/120509

Budget changes

EC advised that Steve Pope will be coming along later to talk about interest changes but she had also been notified of some changes from Debt Management and Banking.

In summary the three key changes are:

  • HMRC may issue notices requiring third parties to provide contact details for those in debt to HMRC.
  • Collecting small debts through PAYE
  • Managed payment plans are being introduced.

Fuller details will be provided to the group and any feedback is welcomed on the new draft regulations which will be shared with the group.

Action - To send out details of the full note and links to the legislation.

21.05.09 - Included with the minutes - Closed

Liz Cunningham

3/120509

EC mentioned that following the last meeting Kelly Sizer had raised a query about 'managed payment plans' in relation to SA customers, as paying SA in advance of the due date effectively means the customer losing interest as student loan amounts are not due until the 31 January due date. The response was that the scheme is voluntary and it is for the individual to decide whether or not it is of benefit to them. The student loan factor, if applicable, would influence that decision. It was agreed to share the query and response with the group.

Action - To send the out the query and response

21.05.09 - Included with the minutes - Closed

Christine Rowse

4/120509

Janet Clayton highlighted a Budget announcement about a review of PAYE being started. Janet explained that people in the Department were thinking about how PAYE might look in the future beyond MPPC 3 and if there were any new opportunities to improve or change the current process which has been around for along time. Nothing would happen in the immediate future or without full consultation.

Action - To send the link to the Budget announcement.

21.05.09 - Included with the minutes - Closed

Janet Clayton

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New P46 ex pat form

A number of points were then discussed:

Kelly Sizer flagged up the wording 'send on the day of arrival in the UK' which she felt was in flexible and unrealistic. Lynn Carroll explained that the aim had been to get into the HMRC as soon as possible.

Action - To replace wording around 'day of arrival' as too specific.

21.5.09 - The form P46 (Expat) says on date of arrival in the UK. The form should be sent to HMRC on the date of arrival or as close to it as possible. The note is there to reinforce the message that the form must be returned sooner rather than later to ensure the correct tax is operated - Closed

Lynn Carroll

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New P46 ex pat form

A number of points were then discussed:

Elaine Gibson asked about all the work moving to Manchester and should they be telling employers to send everything to Manchester. Accepted that it applied more to paper forms as the on-line forms will be picked up by the specialist unit. Lynn Carroll advised that employers will be notified if they have ExPat schemes about everything moving to Manchester however this doesn't cover employers with normal PAYE schemes and ExPat employees.

Action - To confirm who will to tell employers that all the work is being sent to Manchester

21.5.09 - An article will appear in the next issue of Employer Bulletin which explains the centralisation of Expat work in Manchester and the plans have already been discussed at the Expat forum.

Although the work is moving to Manchester employer PAYE records will remain were they currently are and there will be no change to the employer scheme reference or the associated accounts office reference. The Expat PAYE schemes will not need to move to Manchester and employers are advised to continue sending returns correspondence to their existing PAYE tax office.

15.9.09 - An article will be on page 7 of the Employer Bulletin (issue 33) due to start being issued from next Monday - Closed

Lynn Carroll

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New P46 ex pat form

Colin Ben Nathan raised a query about short term business visitors and highlighted that although the form had Employment Procedures appendix (EPM6) there was no mention of appendix EPM4.

Action - To take this point back and find out why EPM4 was not included and if there was any guidance behind this.

21.5.09 - Appendix 4 applies in respect of short term visitors who meet certain relevant criteria. Under Appendix 4 HMRC does not expect to receive forms P46 and so the P46 (Expat) is not appropriate for use in respect of such employees.

EMP Appendix 6 - once an employer is authorised to operate under Appendix 6 coding forms P2 and P6 are not normally issued by HMRC. However, when a new Expat employee commences at an employer HMRC does not know that they fall within the Appendix 6 arrangement and coding notices will be issued. A tick in the box on the form P46 (Expat) will tell HMRC that Appendix applied and the issue of coding notices is inhibited - Closed

Lynn Carroll

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New P46 ex pat form

Colin Ben Nathan asked about guidance to cover student loans and how it would only be people with nicable pay that would be liable to repay. Alex Lawrence advised that the P46 would get then into the system and then they would follow the rules of deduction and the guidance in the E17 would cover this. It was confirmed that there is no reference to the P46 ExPat form in the E17.

Action - To review the guidance in the E17 and ensure it covers and reflects how the P46 ExPat form works.

11.6.09 - The E17 gets updated in the autumn and the Guidance Specialist has made a forward note to review when the E17 is being looked at - Closed

Alex Lawrence

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Over-repayments

The Student Loans Company are working towards a delivery date of 21 December 2009 for the scheme to minimise over-repayments.

EC highlighted that she had received some feedback from Pete Jukes concerning the wording on the P46, which would be changed in April 2010. Pete had advised that the software developers need to know the wording by the summer to update the software products. EC would be highlighting this feedback to the CSL Guidance Specialist, Sandra Hainie.

Action - To highlight the feedback from Pete Jukes to the CSL Guidance Specialist

13.5.09 - E-mail sent to guidance specialist - Closed

Liz Cunningham

10/120509

Repayment Leaflet

There was an issue around getting information, advice and guidance to customers. Customers are re-informed of the key messages through annual leaflets but the message does not seem to be getting across. It was found that students in the first two years of study are not interested in repayment and it is not until their final year that they become interested. Rather than send leaflets throughout the year it was decided to send out an annual booklet.

Some copies of the draft booklet were handed out to the group, which was now with customers for review. Through on-line and face to face interaction feedback has been provided and the booklet will be updated to reflect this before a further review. Once the final product is agreed they will de-commission their current set of letters and adjust the letter to refer to the leaflet, the booklet will then be issues.

Action - To send out electronic copies of the text of the booklet.

21.05.09 - Included with the minutes - Closed

Christine Rowse

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Repayment Leaflet

There was an issue around getting information, advice and guidance to customers. Customers are re-informed of the key messages through annual leaflets but the message does not seem to be getting across. It was found that students in the first two years of study are not interested in repayment and it is not until their final year that they become interested. Rather than send leaflets throughout the year it was decided to send out an annual booklet.

Some copies of the draft booklet were handed out to the group, which was now with customers for review. Through on-line and face to face interaction feedback has been provided and the booklet will be updated to reflect this before a further review. Once the final product is agreed they will de-commission their current set of letters and adjust the letter to refer to the leaflet, the booklet will then be issues.

Action - To feedback any comments for the SLC by 29 May 2009

1.6.09 - Feedback from Colin Ben Nathan passed to Kevin O'Connor

15.9.09 - Covered as agenda item

Closed

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Feedback from Evaluation of communications

Whilst efforts are being made still have sense there could be more effective communication in relation to those coming to/leaving UK.

EC advised that we had heard today about the P46 ExPat form. Sandra Hainie (CSL PSN Guidance Specialist) had reviewed the guidance available and found some Frequently Asked Questions (FaQs). A copy was made available to the group and they would be provided with the link to it on the website when the minutes were circulated. The group were asked to review the guidance and let us know if there were any gaps where improvement could be made.

Action - To provide the link to the FaQs on the website.

21.05.09 - Included with the minutes - Closed.

13/120509

Feedback from Evaluation of communications

Whilst efforts are being made still have sense there could be more effective communication in relation to those coming to/leaving UK.

EC advised that we had heard today about the P46 ExPat form. Sandra Hainie (CSL PSN Guidance Specialist) had reviewed the guidance available and found some Frequently Asked Questions (FaQs). A copy was made available to the group and they would be provided with the link to it on the website when the minutes were circulated. The group were asked to review the guidance and let us know if there were any gaps where improvement could be made.
Action - To review and identify any gaps in the FaQs.

1.6.09 - Feedback from Colin Ben Nathan passed to Sandra Hainie.

15.9.09 - Though absent, EC thanked Colin for the feedback and checked that no one else had any further input that they wished to offer - Closed.

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Feedback from Evaluation of communications

EC also advised that the 'employer customer' leaflet which had been circulated to the group may have some space to include some key messages about borrowers leaving and returning to the UK. She invited the reps to make suggestions.

Action - To arrange for some key messages to be included in the leaflet.

21.5.09 - E-mail to Guidance Specialist.

9.9.09 - A paragraph has been included in the final draft of the leaflet which is awaiting sign off. The leaflet cannot accommodate all the available information around borrowers going to work abroad but the paragraph contains information and signage to the HMRC website for more detailed information.

Closed

Christine Rowse

15/120509

Feedback from Evaluation of communications

Colin Ben Nathan asked if there was a link to this the E17. EC said we were keen to include a link in the E17 from April 2010.She asked if it would be helpful for links to our other leaflets for employers, SA customers and the new help leaflet that is being produced to also be included from the E17 and the reps confirmed that they would find this useful.

Action - To arrange for links to be included in the relevant documents.

11.6.09 - The E17 gets updated in the autumn and the Guidance Specialist has made a forward note to review when the E17 is being looked at.

15.9.09 - A request has been made to provide links to the employers quick guide leaflet and the CSL1 leaflet -Collection of student loans for SA customers. We will know by the next meeting if it will be possible to include them.

Christine Rowse

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Feedback from Evaluation of communications

EC proposed to draw up a template covering this aspect for the members to complete; from this a document would be put together covering all members of the group. She also proposed that the roles and interests of members be discussed as an agenda item at a future meeting.
Action - To circulate the template and collate the responses.

11.8.09 - Template prepared and circulated to the group.

3.9.09 - Responses received and collated and sent out with agenda - set as agenda item - Closed

Christine Rowse

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EC highlighted that the new 'employer customer' leaflet would be further amended to take account of feedback from members of the Subgroup. She highlighted that this would include the removal of the SLC telephone numbers that were included in the current draft. KO'C explained that this was due to SLC's customer contact strategy which is to encourage people to refer to the website.

Linda Pullan highlighted a particular long URL address in the draft and suggested using tiny URLS.

Action - To send information about 'tiny' URLS for HMRC to consider.

1.6.09 - link to the 'tiny' URLS site received and passed to Guidance Specialist for consideration.
HMRC's Communications and Marketing department don't really like URLs of any length and prefer what they call 'Crumb trails', which are seen as a better way of directing customers and can avoid getting into a 'broken links' situation if material gets moved or repositioned. So for the leaflet Guidance specialist will be going with the crumb trails option - which basically gives readers navigational subject route to follow from the HMRC internet landing page. Closed.

Linda Pullan

2/030209

There is a P45/P46 review underway and Rhonda Howlader from Business Customer Unit (BCU), who chairs the Payroll Consultation Panel, has submitted a paper to the Agents & Employers Service Improvement Programme (AESIP) Board. The paper request that a work programme be put in place (over about a 6 to 9 month period) to examine the whole subject of P45/P46, looking at ways we can overhaul the system to reduce the overall customer burden.

The forum was seeking views from the members and one of the views put forward was to abolish the P45 parts 2 and 3. However the P45 (3) is used for student loan purposes. EC asked the group for their thoughts on this and any other aspects. EC will get in touch with Rhonda to make sure we are included in the consultation and feed our views into it.

Action - To make contact with Rhonda Howlader and take forward the groups' views.

12.5.09 - The review has not moved further on, the paper has still to be prioritised and resources allocated.

EC asked the group any of them would like to volunteer to be part of the consultation on student loan issues and Elaine Gibson from Institute of Payroll Professionals and Linda Pullan from Payroll Alliance both asked to be involved.

EC will pass this information onto Rhonda Howlader.

13.5.09 - Information passed to Rhonda Howlader, who thanked Elaine and Linda for volunteering to get involved in consultation around the proposed P45/P46 review.

Some further statistical analysis work is being undertaken by HMRC and the review is having to be prioritised amongst other work within HMRC but Rhonda will be back in touch with us all as soon as there is anything to report.

15.9.09 - ICAEW will also be involved in this review.

EC provided an update from Rhonda Howlader; 'There is not much happening in relation to my paper on P45/P46 as PSN colleagues have suggested that we need to assess the impact against the new PAYE Service and compare that detail against what we know happened under COP.'

The new PAYE Service has involved the move of 58m records from the Computerisation of PAYE System (COP) to the National Insurance Recording System (NIRS). There have been some minor teething problems with the new PAYE service but there are still further IT enhancements to be delivered in the autumn and then in April 2010 which will improve the system. From a student loan perspective the early indications are good with an improvement for co-existence cases. (Co-existence case are where two computer systems are out of step leading to a delay in matching the borrowers to their employment to be able to send forms SL1 (start notices). As the new system has all customer records in one place the incidence is much reduced.

Angela Williams highlighted that the introduction of the new student tax code could have an impact on the P45/P46 review. EC agreed and explained that she was involved in the project as a stakeholder for student loan collection. Her focus is going to be on ensuring that no changes to processes will interfere with the operation of the student loans process and on trying to avoid the P46 becoming a confusing document.

EC further advised from Rhonda Howlader's update;

'However, we are working closely with Technical Data Standards Forum (TDSF) employers to collect data on the BR tax issue as well as the implications of unsigned P46s for HMRC and employers. We are also working closely with Tesco to map their payroll processes against those in HMRC - and that includes the starter and leaver processes.'

EC summed up by saying that there is no formal review as yet. EC proposed to close this action point at present and will feedback on this topic when things move forward. Angela Bell who works with Rhonda Howlader agreed to bring this topic back to the group when the formal P45/46 Review gets underway - Closed

Liz Cunningham

4/251108

Helen explained that this issue had come about as part of the CSL Modernisation project, following views raised by the group and feedback from EKSLU about the number of manual SL1s being issued.

HMRC now needs to take account of all the views and to consider:

  • The effect of the Carter changes for the P46 and end of year filing as this is likely to reduce the number of people falling through the net.
  • The number of borrowers affected.

Action - To report back next May.

12.5.09 - The report is not yet available a separate written update will be provided to the group.

21.5.09 - SL1 review set as agenda item - Closed.

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New DfES regulations regarding the recovery of student loans from overseas borrowers:

  • Form P85 - To check whether SL2 is issued when P85 raised.
  • Someone goes abroad to work for their employer but remains on the UK payroll - To check regulations and report back on their investigations at next meeting.

5.6.07 - Meeting held between Norman Bryan (NB), Helen Glover (HG) and FSB to cover the concerns raised about P85 and P86. Following this HMRC spoke to a member of the ExPats team in Manchester. However there is a project looking at the P85 and P86 in general and all the issues have been fed into this. NB and HG will keep this under review and bring back when there is something to report.

5.9.07 - Continue to wait on the outcome of the P85 and P86 project.

27.11.07 - No further developments to report.

5.2.08 - HG had established that the P85/P86 project was now resourced and had been 'kicked off'. HG will therefore be contacting the lead person to take our interest forward.

24.6.08 - HG and NB has a meeting with the person leading on this from the Residency Unit. It was established that this form no longer meets the business purpose and different stakeholders including student loans have been identified and included. Work is being done on P86 to find out what each stakeholder wants from the form. Also working with customers who use this form. Suggestion that employers who have an interest should also be included.

23.9.08 - Several names had been put forward from this group and these have been passed to the project. As a stakeholder HG will be keeping in touch with the group but would be waiting on feedback from the project.

It was suggested that this action point next be reviewed in February 2009 unless there is an update before then.

The group agreed with this.

25.11.08 - Helen Glover advised that she received an update.

The remit of the project was specifically across all the customer segments who we would expect to complete the forms as the main objective of the project is to reduce customer contact, burden and create cost efficiencies in HMRC.

Therefore not able to involve employer representatives in this part of the consultation.
However Student Loans is still down as a stakeholder on the project and will be included in the process.

Colin Ben Nathan (CBN) raised a point that employers have an interest in expatriate programmes and may have been included as employer reps as opposed to specific student loan reps. CBN will raise at the ExPats forum to make sure employers have been consulted.

EC asked the group if they had any points or view they wished included these should be fed back to Christine Rowse who would pass them on.

3.2.09 - Helen Glover will continue to keep in contact with the P85/P86 project.

Colin Ben Nathan (CBN) advised that he had raised this point at the ExPats forum but they were not aware the P85/P86 was being reviewed. The forum did agree that employers do need feedback from the project. CBN suggested that when Helen goes back to the project she should ask to be 'bolted in to their action plan and critical pathway'.

12.5.09 - A separate written update will be provided to the group.

  • Analysis has shown that there are systems in place which ensure that student loan repayments can be collected direct from the borrower whilst working abroad and start again as soon as UK employment recommences. Adding a Student Loan statement to the P85 (leaving the UK) form is therefore not required.
  • The P86 Project Team have confirmed that all UK citizens who leave the UK and return some time later, will not be provided with the new style P86 form, but will be integrated into HMRC processes through the use of the P46 (including P46 ExPat) form. This form already includes the Student Loan Statement D so no further change specifically for student loan purposes is required.
  • The new form which replaces the P86 will only be issued in the situation where a citizen arriving from abroad is claiming to be not resident /not ordinarily resident - such as secondments from a foreign employer and those with offshore income.
  • The P86 Project team understands that CSL wishes to remain a stakeholder to the conclusion of the project, and should be advised if there are any subsequent changes which may affect the information detailed above.

15.9.09 - The purpose of looking at the P86 was as a way of getting borrowers returning to this country into student loan repayment quicker than with a P46 or the tax process. Helen Glover advised that there is no scope for a new form P86 to include a student loan statement at this stage. Collection of student loan team is part of the stakeholder analysis for future change.

David Malcolm asked that, if the principal way for identifying borrowers was through their NINO, what about EU borrowers who don't have a NINO? EC explained that BIS are looking into this group of borrowers to finds ways to identify them when they move into repayment - Closed.

3. Update on Collection of Student Loan issues

Liz Cunningham

CSL Modernisation

EC explained that we were considering whether to re-commence the project for moving the student loans IT system on to the new PAYE Service. This project had been under development previously and was due to delivered in April 2009 due to the delay in introducing the new PAYE Service it had to be mothballed in September 2008. The project has now been reviewed and to deliver it will involve estimated expenditure of £10m for the IT changes to move- the student loan records across to the new PAYE Service. BIS have been generally receptive to recommencing the Modernisation project and will start to look for funding, however BIS have also made it clear that they would not expect to be able to confirm certain funding until August 2010 at the earliest. The earliest the project could realistically then be delivered would be 2013.

In the meantime it is hoped that the new PAYE Service will provide some benefits for the student loan collection process. David Malcolm asked if the benefits were for the borrower. EC advised that it would be better for the employer and should reduce the number of data mis-matches, but there would probably be no visible benefit to the borrower. There is no change to the basic process that operates to collect student loans but the improved IT infrastructure, should help HMRC deal with the growing borrower population.

Late payment penalties

EC highlighted that new penalties are being introduced from April 2010 for late in year monthly payments by employers. This topic was covered at earlier meetings by Neil Johnson from HMRC who has been replaced by David Lewis. HMRC primary legislation is in place and HMRC has now sent initial instructions to BIS to update the Student Loan Regulations in time for implementation in April 2010.

Charging interest on late filing

There is also to be interest charged on in year payments made late by employers; however it looks as if this is being deferred until April 2011.

Borrowers with more than one employment

Media interest through the Money Saving expert (Martin Lewis) has highlighted an issue about the position of borrowers with two or more employments and each employment having a threshold of £15k. The current process that is followed conforms to the student loan Regulations.

EC asked for the group's view on this and the implications if the current system was changed to base student loan repayments on the total income. It was stressed that no solution is being considered at present.

This was discussed by the group and the following comments were noted:

  • How the deductions would be made if the income from the employment was actually below the threshold.
  • Changes would be needed to payroll software.
  • The student loan process follows the National Insurance rules not the tax rues with personal allowances.
  • This would be seen as a big change.
  • Based on discussions around the new student tax code this would be very difficult in practice to implement.
  • Although once the software was updated it should be easy to implement.
  • Would need to change the student loan rules and regulations.
  • Also need to consider employers who don't have a computerised payroll system.
  • Danger of over-deductions which would mean the collection process was no longer wholly income contingent.
  • Could make use of tax codes but this would have an impact on the PAYE system.
  • Would need an end of year calculation if threshold allocated between employers.
  • Difficult with short term employments
  • Issue only happens in PAYE as deductions are made by the employer and not seen as an 'under-payment'. Doesn't happen with SA as this looks at the total income - this highlighted an inequity in the system which was recognised. (SA is based on total income and the amount to be deducted by employers is based on earnings for National Insurance purposes).
  • Even if 'underpaid' the amount is still repayable, so it is only a case of deferring the payment.The normal 'write-off' rules still apply.
  • The greater concern for the borrower is that they might over-repay and the solution would need to fix this issue as well as the under-repaying one.
  • There is a similar issue for National Insurance and it hasn't been resolved.

EC thanked the group for their thoughts and advised that there is not a lot of information on how many borrowers might be in this category or why they have more than one job.

EC asked the group that if they had any further feedback to pass it on to Christine Rowse. It was also agreed to highlight this to Pete Jukes as the biggest impact may be on software.

Action - To feedback any further thoughts to Christine Rowse.

Action - To highlight this issue to Pete Jukes.

Fraudulent SA repayment claims

EC highlighted that HMRC had experienced an increasing fraudulent SA repayment on-line claims. HMRC had written to tax agents. (Tax agents include accountants and anyone registered as an agent to act on behalf of a customer.) This issue has affected both agents and customers. EC stressed that there has been no security breach within HMRC and Information is also on HMRC site and a link will be provided to the security information.

Action - To send the link to the security information to the group.

Alex Lawrence

P14 processing update

Alex Lawrence explained that once an employer sends in the P14 information this is processed and passed to the Student Loans Company to update the borrowers account. HMRC receives in the region of 58m P14s from employers each year and of these for 2008-2009 between 1.6m and 1.7m are expected to have student loan information. A range is used as we have no way of knowing how many borrowers will have earned over the threshold during a year until we have completed P14 processing.

For 2008-2009 just under 1.5m P14s have been sent to the SLC to date, which is between 87 per cent and 92 per cent. This is a very good performance especially when compared to earlier years. However it does mean that around 8 per cent have still to be received or have been received but still have to be processed. HMRC has a target for clearing 98 per cent of the 58m P14s by 31 December and we are currently working our way through the paper and on-line P14s towards this. When employers termed as 'small' (those with 1-9 employees) by HMRC start to file on-line in 2010 this will improve performance further. It will be difficult to ever achieve 100 per cent as we never know the true figure of returns expected and some employers fail to submit returns on time.

Ian Brearley raised a point about the difference between the number of borrowers currently in repayment and the number of P14s expected. It was explained that 2.2m are currently in repayment but of the 1.5m P14s received this doesn't included those in SA, on incapacity benefit, paid below the threshold, not working at the moment or who have gone abroad.
Ian Brearley also asked about how much was paid through PAYE and was expected to be collected for 2009-2010. He was advised that it was around £1billion for 2009-2010. He then asked how this related to the total debt which was more than £1b. Kevin O'Connor advised that the overall outstanding student loan debt balance was around £18b but he would look into this and confirm the actual total debt figure.

Action - To find out the figure for total debt and report back.

Repayment leaflet

Alex Lawrence advised that following a meeting with the Technical Data Standards Forum, where a number of issues had been highlighted, a new repayment leaflet for employers had been prepared. This had been circulated to this group on a consultation basis. The leaflet has now been virtually finalised and an online version is expected to be available in around 4 weeks time with a paper version ready in around 8 weeks.

HMRC already has a leaflet for employers (A Quick Guide to the Collection of Student Loans), which covers the mechanics of the current collection of student loans scheme. The new leaflet is aimed at helping the borrower and contains signposting to the Student Loans company for more complex queries.

Action - To circulate the final document to the group when available.

4. Update from the SLC

Kevin O'Connor

Over-repayments

Kevin O'Connor advised that due to the time lag in P14s reaching the Student Loans Company (SLC) customers have sometimes already paid off their loans by the time payments are reported through. This is an inherent problem in the current collection process as it is not until after the year end that the amount of student loan deducted is known. There is no real time visibility for students. There is a common misconception that HMRC hold on to the money but that is not the case.

The current position is that the borrower can contact the SLC if they think that they are going to overpay their loan repayments. They will be asked to send in evidence (for example a P60 or payslips) to confirm they have over paid. The SLC will then tell the HMRC to instruct the employer to stop making deductions. The SLC will then arrange to repay any refund due to the borrower.
The SLC currently have a 12 month forecasting process to identify individuals likely to over-repay but this is based on the current P14 which is received into the next year which is often too late.

For the future the SLC are building in a forecast where, based on the balance following the latest P14, they will look 23 months ahead to see if the customer is likely to overpay. They will then write to the customer advising them of this and if the customer wishes they can arrange to go into an 'opt out' scheme. This scheme will take the customer out of PAYE and they will instead repay an agreed repayment through a direct debit with the SLC for 23 months with a balancing payment in month 24. This scheme doesn't go live until 21 December as the Regulations needed to be changed and the forecast mechanism put in place.

David Malcolm asked how the borrower will be informed of this. Kevin O'Connor explained that the current SLC Information, Advice and Guidance (IAG) tells the customer what to do if they think they may over-repay. The enhanced process with the additional forecasting will pick up individuals and they will be contacted direct.

A concern was raised that the information from the SLC is not always very good or clear and they are sometimes un-contactable.

Kevin O'Connor advised that with the new 'opt out' scheme when the balancing statement goes out this will include a letter for the borrower explaining the position. Angela Williams asked who had been involved in the draft of the letter and if the letter had been seen and understood by the customer. Kevin O'Connor explained that they use a group of customers including students and graduates in producing their letters.

There will also be publicity through the student repayment website. As there was some confusion around the website it was agreed to send the link to the group.

Action - To send the link to the website to the group.

The discussion then highlighted the impact this new process would have on the employer:

  • The employer will get a form SL1 (Stop Notice) for those who have opted in to repay their balance by direct debit to SLC.
  • A new employee who has opted out may complete a form P46 in error.

    Alex Lawrence advised that HMRC are in the process of arranging to change the current wording on the P46. The new P46 on-line version will be available from December 2009 but paper stocks will still be available until June/July 2010, so this is a concern. The 2009-2010 CD-Rom for employers will also have the new version.

    Information on the new P46 will be provided in the Notes for Software Developers November 2009 edition and in the February 2010 edition of the Employer Bulletin. Software developers will be asked to make the change as soon as possible and we recognise that it might not be possible for it to be made in time for the over-repayment solution being introduced.

    When the information becomes available it will be circulated to the group.
    Action - To circulate the information to the group.

Repayment Booklet

Kevin O'Connor explained that they send out various leaflets with their forms and letters however feedback from customers has indicated that customers don't read the leaflets. The SLC therefore propose to de-commission all the leaflets and replace them with a booklet. Following extensive consultation with customers they have produced a 20 page booklet.

They plan to send out the booklet in November and it will be available on-line from December. The SLC are just waiting on Crystal Mark accreditation from the Plain English Society.

However there is now some doubt about sending out the paper version as there is an annual cost of £300k. The Welsh Devolved authority has also advised that there needs to be a bi-lingual service for Wales. £1m is needed to transform the service and as well as the cost of issuing the leaflets the SLC would need new infrastructure to support the lingual service to handle any queries.

The on-line version meets the bi-lingual requirement.

5. Update from BIS

Karen Duncan

A number of points were covered:

  • Interest rate set at 0 per cent for 2009-2010
  • The threshold will remain at £15k for 2010-2011 but will be reviewed for April 2011.
  • The Repayment holiday is still going ahead but with the maximum holiday period being 2 years rather than 5 years. Repayment holidays are being introduced from April 2012 and will only be available to English domiciled borrowers.

6. SL1 Review paper (Helen Glover)

Following on from AP 4/251108

The review was looking at a proposal to issue a Start Notice (Form SL1) to an employer every time a student loan borrower changes employment. The group's views were taken into account and a paper prepared. The conclusion we have reached is that the proposal should not be pursued further.

As time constraints meant there was not time to review this item, it was agreed to send out the summery paper for the group to have a look at and to raise any issues with Helen Glover.

Action - To send out the paper with the minutes.

7. Process Improvements (Helen Glover)

Helen Glover talked about a number of changes that HMRC are making to improve the collection process which would affect employers:

  • From June 2009 a process now check later system for P14s has been introduced. Data standards have improved and HMRC has been able to provide evidence to satisfy BIS about the quality of P14s being sent to the SLC. The new process will be benefiting employers as 99 per cent of them will no longer be contacted needlessly by HMRC's student loan team.
  • A viewable forms history is being created for student loan forms. This will mean that HMRC will be able to confirm when forms have been issued which will provide a better customer service to borrowers and employers.
  • There are a small number of employers who don't apply the student loan rules as expected and in these cases the P14 shows a gross pay of over £15k but there is no student loan amount. These cases have always been looked at and a start notice (form SL1) is sent out to the employer. If this happens again in the second year the case is passed to compliance to consider education or compliance and we are now looking to make this an automated process for the future. We will then be able to focus on the employers where there is an issue and the areas more at risk within the collection of student loans process. Helen Glover asked the group to consider if this was a positive step for employers and to provide any feedback.
    Action - To provide any feedback to Christine Rowse

8. Roles and Interests of Members

EC asked Angela Williams if she would like to add to the document and she agreed to do so.

EC proposed that, once updated, the document be reviewed at the next meeting. She also proposed that, once complete, the summary of members' roles and interests be retained with the TOR for the Subgroup as a useful reference document.

9. AoB

No issues were raised.

Future meetings

Tuesday 24 November 2009 Room 3A, (South) 22 Kingsway