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PART 9 E+WPAYMENTS

CHAPTER 5E+WOVERPAYMENTS

[F1Overpayment of fee loans]E+W

117.—(1) Any overpayment of [F2a fee loan] is recoverable by the Secretary of State from—

(a)the academic authority; or

(b)the student in respect of whom the payment of [F2a fee loan] was made.

[F3(1A) A student must, if so required by the Secretary of State, repay any amount of [F4a fee loan] paid in respect of the student which for whatever reason exceeds the amount of [F4a fee loan] to which the student is entitled.]

[F5(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.]

(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;

[F6(aa)by subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;]

(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;

(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

Textual Amendments

Overpayments of college fee loanE+W

F7118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Reg. 118 omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 3

Overpayments of support payable under Part 5 or Part 6E+W

119.—(1) [F8A student] must, if so required by the Secretary of State, 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 Secretary of State must recover an overpayment of any grant for living and other costs unless the Secretary of State considers it is not appropriate to do so.

(3) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant [F9or loan] payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)taking such other action for the recovery of an overpayment as is available to the Secretary of State.

(4) A payment of any 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 Secretary of State 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 Secretary of State decides otherwise.

(7) The circumstances are—

(a)the Secretary of State applies all or part of the disabled students' allowance to the purchase of specialist equipment on behalf of the F10... 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 F11... 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 Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it is appropriate to do so.

[F12(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Secretary of State from the student to whom the payment was made.]

[F13(11) The methods of recovery are—

(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act;

(b)requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act;

(c)taking such other action for the recovery of an overpayment as is available to the Secretary of State.]

F14(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments