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Regulation 25 Overpayments

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any overpayment of grant for fees under Part III shall be recovered by the Secretary of State from the academic authority.

(2)

Any overpayment of grant for living costs under Part IV shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:

(a)

by subtracting the overpayment from any other grant for which the student is eligible in respect of the academic year in question, or if necessary from any other grant for which he is eligible in respect of any other academic year;

(b)

by subtracting the overpayment from any payment of loan for living costs under Part V which is payable under regulation 24;

(c)

by taking such other action for the recovery of a payment without statutory authority as is available to him.

(3)

Any overpayment of a loan for living costs under Part V in respect of any academic year may be recovered if in the opinion of the Secretary of State–

(a)

the overpayment is a result of a failure of the student to provide promptly information which might affect his eligiblity for a loan or the amount of loan for which he is eligible, or

(b)

any information which he has provided is inaccurate in a material particular

but otherwise it shall be treated as a loan properly made under Part V which shall be repayable in accordance with the Act and Regulations made under it.

(4)

Where an overpayment of loan is treated as properly made under paragraph (3) the Secretary of State may subtract the overpayment from the amount of loan for which the student is eligible in respect of any other academic year.

(5)

Where an overpayment of loan for living costs is recoverable in accordance with paragraph (3) it shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:

(a)

by subtracting the overpayment from the amount of loan for which the student is eligible in respect of any other academic year;

(b)

by subtracting the overpayment from any grant for which the student is eligible in respect of the academic year in question, or if necessary from any grant for which he is eligible in respect of any other academic year;

(c)

by taking such other action for the recovery of a payment made without statutory authority as is available to him.