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Student Loan Scheme Act 2011

Interest, relief, penalties and offences, rights of objection, and rights to challenge - Relief - Different types of relief

144: Power of Commissioner in relation to small amounts

You could also call this:

“The government can ignore very small amounts of student loan money”

The Commissioner can choose not to issue a notice or collect money if you owe $20 or less for your student loan repayment in a tax year. They can also choose not to collect, and may cancel, any amount of $20 or less that an employer or PAYE intermediary owes for any period.

If you owe more than $20 but less than $334, and you haven’t paid it by the due date, the Commissioner may decide not to collect it.

If the Commissioner doesn’t collect an amount of $20 or less from you, they will cancel it. But if they don’t collect an amount between $20 and $334, it’s not cancelled and gets added to your loan balance.

The Commissioner can do these things even if other parts of this law say something different.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3180315.

Topics:
Education and learning > Higher education Money and consumer rights > Banking and loans
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"Fixing mistakes when you're wrongly charged interest on your student loan"

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"How to ask for help with your student loan payments"

Part 4 Interest, relief, penalties and offences, rights of objection, and rights to challenge
Relief: Different types of relief

144Power of Commissioner in relation to small amounts

  1. The Commissioner may refrain from—

  2. issuing a notice of assessment in relation to a repayment obligation that is payable by a borrower for a tax year if the amount payable is not more than $20; or
      1. collecting a repayment obligation (or part of a repayment obligation) that is payable by a borrower for a tax year if the amount payable is not more than $20; or
          1. collecting, and may write-off, any amount that is payable by an employer or PAYE intermediary for any period under this Act if the amount payable is not more than $20.

            1. The Commissioner may refrain from collecting payment of a repayment obligation (or part of a repayment obligation) if that repayment obligation (or part of a repayment obligation)—

            2. is more than $20 but less than $334; and
              1. has not been paid by the due date (as that term is defined in section 5(2)).

                1. Any amount that the Commissioner refrains from collecting—

                2. under subsection (1)(c) is written off:
                  1. under subsection (2) is not written off, and is added to the borrower's loan balance.

                    1. This section applies despite anything to the contrary in this Act.

                    Compare
                    Notes
                    • Section 144(1)(a): amended, on , by section 68(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                    • Section 144(1)(b): repealed (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on , by section 44 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
                    • Section 144(1)(c): amended, on , by section 68(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                    • Section 144(1)(c): amended (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on , by section 24(1) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
                    • Section 144(1)(d): repealed (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on , by section 44 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
                    • Section 144(1)(e): amended, on , by section 68(2) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                    • Section 144(2)(a): amended, on , by section 68(3) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                    • Section 144(2)(a): amended (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on , by section 24(2) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).
                    • Section 144(3)(a): replaced (with effect on 1 April 2012 and applying for 2012–13 and later tax years), on , by section 24(3) of the Student Loan Scheme Amendment Act 2013 (2013 No 10).