- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (23/12/2010)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 22/10/2013
Point in time view as at 23/12/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
104.—(1) An eligible student must, if so required by the Department, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.
(2) The Department must recover an overpayment of any bursary or grant for living and other costs unless the Department considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of bursary or grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(4) A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise.
(7) The circumstances are—
(a)the Department applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the eligible student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the student’s period of eligibility terminates.
(8) The circumstances are—
(a)the eligible student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.
(9) Where there is an overpayment of the disabled students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
(10) Any overpayment of a loan for living costs or long courses loan in respect of any academic year may be recovered if in the opinion of the Department—
(a)the overpayment is a result of a failure of the student to provide promptly information which might affect whether the student qualifies for the loan in question or the amount of the loan in question for which the student qualifies;
(b)any information which the student has provided is inaccurate in a material particular; or
(c)the student has failed to provide information which the Department considers to be material in the context of the recovery of the loan.
(11) Where an overpayment of a loan for living costs or long courses loan is recoverable under paragraph (10), it may be recovered in whichever one or more of the following ways the Department considers appropriate in all the circumstances—
(a)by subtracting the overpayment from any amount of the loan in question payable to the student from time to time;
(b)by taking such other action for the recovery of an overpayment as is available to the Department.
(12) Where there has been an overpayment of a loan for living costs or long courses loan which is not recoverable under paragraph (10), the Department may subtract the overpayment from any amount of the loan in question payable to the student from time to time.
Commencement Information
I1Reg. 104 in operation at 17.12.2009, see reg. 1(1)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys