The Education (Assisted Places) Regulations 1997

PART IV Reimbursement of remitted fees

Reimbursement claims

17.—(1) A school may submit to the Secretary of State a claim for the reimbursement of fees remitted pursuant to these Regulations (“a reimbursement claim”) in respect of such periods, not being less than a term, as appear to the school to be appropriate and, with the consent of the Secretary of State, a school may submit a claim on the basis of an estimate of fees so remitted (“a provisional claim”).

(2) Where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.

(3) Subject to paragraphs (1) and (2), a reimbursement claim shall be made at such times, in such manner and form and be supported by such declarations and other information, as the Secretary of State may require.

Payments by the Secretary of State

18.—(1) As soon as is reasonably practicable after he is satisfied that a reimbursement claim is in order, the Secretary of State shall, subject to paragraph (3), reimburse the school in respect of the claim; but, where he considers it expedient to do so, he may make earlier payments on account of that claim or in respect of a provisional claim relating to the same period.

(2) Any over-payment or under-payment by way of reimbursement which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.

(3) The Secretary of State shall not be liable to reimburse the school in respect of any fees remitted in the 1997—98 or any subsequent school year in the case of any pupil to whom paragraph (4) applies.

(4) This paragraph applies to a pupil selected for an assisted place by the school for the purposes of the assisted place scheme—

(a) who, at the time of his selection, was not eligible for such a place by virtue of the provisions contained in Part II of the 1995 Regulations; or

(b) whose selection contravened a requirement specified in—

(i) the participation agreement, or

(ii) regulation 19 of the 1995 Regulations.

(5) Despite the coming into force of section 1 of the 1997 Act—

(a) the provisions of the 1995 Regulations mentioned in paragraph (4),

(b) regulation 2 of those Regulations (so far as is necessary for the purpose of construing those provisions), and

(c) the participation agreement,

shall continue to have effect for the purposes of determining whether paragraph (4) applies in any particular case; and for those purposes the power conferred by regulation 19(4) of the 1995 Regulations shall continue to be exercisable by the Secretary of State in cases where a school has contravened the requirement specified in paragraph (1) of that regulation.