The Higher Education Short Course Loans Regulations 2022

PART 5 E+W Payment of HESC loans

Provision of United Kingdom national insurance number E+W

14.—(1) The Secretary of State may make it a condition of entitlement to payment of an HESC 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 HESC loan to the eligible student before the Secretary of State is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Secretary of State may pay an HESC 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

I1 Reg. 14 in force at 13.4.2022, see reg. 1(2)

Information requirements E+W

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

(2) The Secretary of State may, at any time, request from an applicant or an 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 payment of an HESC loan until the person provides—

(a) what has been requested, or

(b) a satisfactory explanation for not complying with that request.

Commencement Information

I2 Reg. 15 in force at 13.4.2022, see reg. 1(2)

Payment of HESC loans E+W

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

(2) The Secretary of State must not pay the HESC 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) that the student is enrolled for the HE short course in connection with which the student is applying for support and is undertaking that course.

(3) The Secretary of State may refuse to pay an HESC loan to a student in connection with an HE short course if that student is in receipt of public funds for part or all of the fees for that course.

(4) For the purposes of paragraph (4) “public funds” means moneys provided by Parliament or by a government authority outside the United Kingdom.

Commencement Information

I3 Reg. 16 in force at 13.4.2022, see reg. 1(2)

Method of repayment E+W

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

(2) Where the Secretary of State has required an agreement as to the method of repayment under paragraph (1), the Secretary of State may withhold any payment of the HESC loan until the person provides what has been required.

Commencement Information

I4 Reg. 17 in force at 13.4.2022, see reg. 1(2)

Overpayments of HESC loans E+W

18.—(1) Any overpayment of an HESC loan is recoverable by the Secretary of State from—

(a) the institution, or

(b) the student in respect of whom the payment of HESC loan is made.

(2) An institution must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of a student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled.

(3) A student must, if so required by the Secretary of State, repay any amount of an HESC loan paid in respect of the student which for whatever reason exceeds the amount of an HESC loan to which the student is entitled.

(4) An overpayment of HESC 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 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 HESC loan in accordance with regulations made under section 22 of the 1998 Act;

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

Commencement Information

I5 Reg. 18 in force at 13.4.2022, see reg. 1(2)