Regulation 18 Overpayments of HESC loansI1

England and Wales

(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.

Annotations

Commencement

I1: Reg. 18 in force at 13.4.2022, see reg. 1(2)