What happens if you don’t pay back your NSFAS loan
NSFAS can recover unpaid loans through employers, SARS, or legal action. Here’s what the law allows. - Image by Owachigiu David from Pixabay

Not all NSFAS funding is a bursary. If your support was granted as a loan, you are legally required to repay it once you start earning.

The NSFAS Act (No. 56 of 1999) gives the scheme special powers to trace borrowers, collect payments, and issue legal instructions to employers. This article explains what students and former beneficiaries need to know.

Why some NSFAS students must repay

Under the law, NSFAS offers two types of financial support:

  • Loans, which must be repaid
  • Bursaries, which do not need repayment — often converted from loans for strong academic performance

If you received a loan, NSFAS has a duty to recover it. These funds are then reused to support new students.

Advertisement

When you start repaying

You do not need to repay your NSFAS loan while you are still studying.

Repayment begins when:

  • You leave your studies, and
  • You start earning an income

There is no fixed repayment start date — it depends on your employment status and income level.

Once you’re working, you must inform NSFAS of your job and salary details.

What happens if you don’t pay

Failing to repay your NSFAS loan is a legal breach. The NSFAS Act allows the scheme to take the following steps:

  • Trace you through SARS
  • Send notice to your employer to deduct repayment amounts
  • List you as a defaulting debtor if you ignore repayment
  • Issue a garnishee order (no court needed)
  • Apply penalties if you fail to update your details or respond

NSFAS loan recovery powers under law

NSFAS has unique tools that most lenders don’t have. These include working directly with the South African Revenue Service (SARS) and your employer.

By law, NSFAS can:

  • Access your income information through SARS
  • Send official letters to your employer to deduct repayments
  • Penalise you for not reporting changes in address or job
  • Require repayment immediately if you break terms of your agreement

Table: What NSFAS can do if you default

Action by NSFAS Legal Basis Trigger
Trace borrower via SARS NSFAS Act, Section 24 Missing contact info
Demand employer deductions Section 23(1)–(3) Borrower employed
Garnishee-like order (no court) Section 23(5) Non-payment
List as defaulting debtor Section 21(3)–(4) Missed payments
Impose legal penalties Section 22, 23 Failure to update NSFAS

Your responsibilities after studying

If you received a loan, the law says you must:

  • Inform NSFAS of your employer and salary
  • Keep your residential and postal addresses up to date
  • Respond to all NSFAS letters and instructions

Failure to do this means your full loan becomes immediately repayable and legal action can follow.

LEAVE A REPLY

Please enter your comment!
Please enter your name here