The Education (Student Support) (Postgraduate Master's Degrees) (Wales) Regulations 2019

CHAPTER 3 E+W Overpayments and recovery

Overpayments - general E+W

37.—(1) Where an eligible student has been paid an amount of any grant or contribution to costs loan which exceeds the amount to which the student is entitled under these Regulations, the student must repay the excess amount if required to do so by the Welsh Ministers.

(2) In this Chapter, references to an eligible student are to be treated as including a person who has received support but is not, or is no longer, an eligible student.

Commencement Information

I1 Reg. 37 in force at 27.5.2019, see reg. 1(2)

Recovery of overpayments of grants E+W

38.—(1) The Welsh Ministers must recover any overpayment of a grant unless they think it is not appropriate to do so.

(2) A payment of a grant made before the day on which the course begins is an overpayment if the student withdraws from the course before that day.

(3) Overpayment of a grant may be recovered by subtracting the overpayment from any grant payable to the eligible student from time to time under these Regulations or any other regulations made by the Welsh Ministers under section 22 of the 1998 Act.

(4) Paragraph (3) does not prevent the Welsh Ministers from recovering an overpayment by any other method available to them.

Commencement Information

I2 Reg. 38 in force at 27.5.2019, see reg. 1(2)

Recovery of overpayment of contribution to costs loan E+W

39.—(1) Any overpayment of a contribution to costs loan is recoverable by the Welsh Ministers from—

(a) the institution or third party which received the monies of the contribution to costs loan where payment was made to such institution or third party, or

(b) the student who received the contribution to costs loan.

(2) An overpayment of a contribution to costs loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Welsh Ministers consider appropriate in all the circumstances—

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

(b) 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 Welsh Ministers under section 22 of the 1998 Act;

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

(d) by taking such other action for the recovery of the overpayment as is available to them.

Commencement Information

I3 Reg. 39 in force at 27.5.2019, see reg. 1(2)

Repayment E+W

40.—(1) The Welsh Ministers may at any time require an applicant or eligible student to enter into an agreement to repay a contribution to costs loan by a particular method.

(2) Where the Welsh Ministers have required an agreement as to the method of repayment under this regulation, the Welsh Ministers may withhold any payment of a contribution to costs loan until the applicant or eligible student provides what has been required.

Commencement Information

I4 Reg. 40 in force at 27.5.2019, see reg. 1(2)