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The Further Education Loans Regulations 2012

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Changes over time for: PART 5

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PART 5E+WPAYMENTS

InterpretationE+W

19.  In this Part “confirmation of the student’s attendance” means—

(a)confirmation from the institution that the student has been present at the institution and has begun to attend the further education course where the student is applying for a fee loan in connection with that further education course; or

(b)confirmation from the institution that the student has enrolled for a further education course where the student is applying for a fee loan in connection with that further education course, and the student is undertaking the further education course but not attending (regardless of whether the reason for not attending relates to the student’s disability); or

(c)confirmation that the student remains enrolled, continues to attend the further education course or is undertaking the further education course but not attending, where the confirmation relates to payment of an instalment of the fee loan other than the first instalment.

Commencement Information

I1Reg. 19 in force at 1.9.2012, see reg. 1(1)

PAYMENT OF LOANSE+W

Provision of United Kingdom national insurance numberE+W

20.—(1) The Secretary of State may make it a condition of entitlement to payment of any fee loan that the eligible student must provide the Secretary of State with the student’s United Kingdom national insurance number.

(2) Where the Secretary of State has imposed a condition under paragraph (1), the Secretary of State must not make any payment of the fee loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Notwithstanding paragraph (2), the Secretary of State may make a payment of a fee loan to an eligible student if the Secretary of State is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1).

Commencement Information

I2Reg. 20 in force at 1.9.2012, see reg. 1(1)

Information requirementsE+W

21.—(1) The Secretary of State may at any time request from an applicant or eligible student information that the Secretary of State considers is required to recover a fee loan.

(2) The Secretary of State may at any time request from an applicant or eligible student sight of their national identity card, passport issued by the state of which they are a national or their birth certificate.

(3) Where the Secretary of State has requested information under this regulation, the Secretary of State may withhold any payment of a fee loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

Commencement Information

I3Reg. 21 in force at 1.9.2012, see reg. 1(1)

Payment of fee loansE+W

22.—(1) The Secretary of State must pay the fee loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Secretary of State may pay the fee loan in instalments.

(3) The Secretary of State must not pay the fee loan or instalment of fee loan until the Secretary of State has received from the institution—

(a)a request for payment; and

(b)confirmation (in such form as may be required by the Secretary of State) of the student’s attendance on the course for the period to which the instalment relates.

(4) The institution must inform the Secretary of State if a student ceases to attend or undertake the further education course.

[F1(5) The Secretary of State may refuse to pay a fee loan to a student in connection with a designated further education course if that student is in receipt of public funds for part or all of the fees for that course.]

Textual Amendments

Commencement Information

I4Reg. 22 in force at 1.9.2012, see reg. 1(1)

Method of repaymentE+W

23.—(1) The Secretary of State may at any time require an applicant or eligible student to enter into an agreement to repay a fee loan by a particular method.

(2) Where the Secretary of State has required an agreement as to the method of repayment under this regulation, the Secretary of State may withhold any payment of a fee loan until the person provides what has been required.

Commencement Information

I5Reg. 23 in force at 1.9.2012, see reg. 1(1)

OVERPAYMENTSE+W

Overpayments of fee loanE+W

24.—(1) Any overpayment of fee loan is recoverable by the Secretary of State from—

(a)the institution; or

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

(2) An overpayment of 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;

(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.

Commencement Information

I6Reg. 24 in force at 1.9.2012, see reg. 1(1)

[F2Cancellation of fee loanE+W

25.—(1) Where this regulation applies the Secretary of State must cancel all or part of a fee loan.

(2) The circumstances mentioned in paragraph (1) are that—

(a)an eligible student has taken out the fee loan in relation to a designated further education course at an institution;

(b)the course to which the fee loan relates is no longer available at the institution;

(c)the student has applied in writing to the Secretary of State for cancellation of all or part of the fee loan; and

(d)the Secretary of State considers it appropriate to do so.

(3) In considering whether it is appropriate to cancel all or part of the fee loan (and where it is considered appropriate to cancel part of the loan what part of the loan should be cancelled) the Secretary of State must have regard to—

(a)the proportion of the course completed;

(b)whether a similar course is available at the institution;

(c)whether the same or a similar course is available at another institution;

(d)in relation to paragraphs (b) or (c), whether the student has enrolled on the course; and

(e)any other relevant circumstances, including the personal circumstances of the student.]

Textual Amendments

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