PART 9N.I.PAYMENTS

CHAPTER 5N.I.OVERPAYMENTS

Overpayments of fee supportN.I.

[F1102.—(1) Any overpayment of fee support is recoverable by the Department from—

(a)the academic authority; or

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

[F2(1A) A student must, if so required by the Department, repay any amount of fee support paid to the student, or in respect of the student, which for whatever reason exceeds the amount of fee support to which the student is entitled.]

(2) An overpayment of a fee loan [F3or relevant institution charge loan] may be recovered from a student under paragraph (1)(b) 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 on the fee loan [F3or relevant institution charge loan] which remains to be paid;

[F4(aa)by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order;]

(b)by requiring the student to repay the fee loan [F3or relevant institution charge loan] in accordance with regulations made under Article 3 of the Order;

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

Textual Amendments

Overpayments of college fee loanN.I.

[F5103.—(1) Any overpayment of college fee loan is recoverable by the Department from—

(a)the college or permanent private hall; or

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

[F6(1A) A student must, if so required by the Department, repay any amount of college fee loan paid to the student, or in respect of the student, which for whatever reason exceeds the amount of college fee loan to which the student is entitled.]

(2) An overpayment of college fee loan may be recovered from a student under paragraph (1)(b) 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 college fee loan which remains to be paid;

[F7(aa)by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order;]

(b)by requiring the student to repay the college fee loan in accordance with regulations made under Article 3 of the Order;

(c)by taking such other action for the recovery of an overpayment is available to the Department.]

Textual Amendments

Overpayments of support payable under Part 5 or Part 6N.I.

104.—(1) [F8A 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 [F9or loan] 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 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 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.

[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 Department 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 Department under Article 3 of the Order;

(b)requiring the student to repay the loan in accordance with regulations made under Article 3 of the Order;

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

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

Textual Amendments

Commencement Information

I1Reg. 104 in operation at 17.12.2009, see reg. 1(1)