Student Loan Scheme Act 2011

Repayment obligations of borrowers - New Zealand-based non-resident borrowers and borrowers with New Zealand-based and overseas-based repayment obligations

115A: Reassessment of borrower's overseas-based repayment obligations in year of return to New Zealand

You could also call this:

"Checking your student loan payments when you move back to New Zealand"

If you have been living overseas and have student loan repayments to make, but you are coming back to New Zealand, you can ask the Commissioner to look at your repayment amount again. You need to tell the Commissioner that you have come back to New Zealand, that you plan to stay, and the date you expect to be based in New Zealand.

The Commissioner might ask you for more information to make sure they understand your situation. If they agree to reassess your repayments, they will work it out as if you were living in New Zealand from the date you told them. Some rules about how they do this are explained in other parts of the law.

Even though your repayments might change, you are still treated as living overseas for other things, like how interest is calculated, until you actually become based in New Zealand.

If you don't end up staying in New Zealand, or if you become based in New Zealand on a different date than you said, the Commissioner can look at your repayments again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5135853.


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115: Repayment obligations of borrowers who are overseas-based for part of tax year, or

"Your student loan repayments change when you're overseas for part of the year"


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116: Overseas-based borrowers who derive salary or wages from New Zealand, or

"Overseas borrowers with NZ jobs must repay loans like people living in NZ"

Part 2Repayment obligations of borrowers
New Zealand-based non-resident borrowers and borrowers with New Zealand-based and overseas-based repayment obligations

115AReassessment of borrower's overseas-based repayment obligations in year of return to New Zealand

  1. The Commissioner may reassess a borrower's overseas-based repayment obligation if the borrower notifies the Commissioner—

  2. that the borrower has returned to New Zealand; and
    1. that he or she intends to become New Zealand-based; and
      1. of the specific date from which he or she expects to become New Zealand-based.
        1. The borrower must notify the Commissioner of any other information that the Commissioner may reasonably require for the purposes of either or both of the following:

        2. establishing any of the matters in subsection (1):
          1. the reassessment.
            1. If the Commissioner reassesses a borrower's overseas-based repayment obligation under this section,—

            2. the reassessment must be made in accordance with section 115, as if the borrower were New Zealand-based from the date notified by the borrower under subsection (1)(c); and
              1. section 109(6) and (7) apply to the reassessment as if it were an assessment under that section.
                1. Despite the reassessment of a borrower's overseas-based repayment obligation under this section, the borrower continues to be treated as an overseas-based borrower for all other purposes (for example, interest continues to be calculated in accordance with the borrower's overseas-based status) until the borrower becomes New Zealand-based.

                2. The Commissioner may review a reassessment of a borrower's overseas-based repayment obligation made under this section if—

                3. the borrower does not become New Zealand-based; or
                  1. the borrower becomes New Zealand-based from a date that is different from the expected date notified to the Commissioner under subsection (1)(c).
                    Notes
                    • Section 115A: inserted, on , by section 20 of the Student Loan Scheme Amendment Act 2013 (2013 No 10).