Regulation 90 Overpayment of supplementary grants and loans for living costsI1

England and Wales

(1)

A student must, if so required by the Secretary of State, repay any amount paid to the student under Part 5 or Part 6 which, for whatever reason, exceeds the amount of support to which the student is entitled under Part 5 or Part 6.

(2)

The Secretary of State must recover an overpayment of any supplementary grant unless the Secretary of State considers it is not appropriate to do so.

(3)

The methods of recovery are—

(a)

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 as modified by section 28A of that Act;

(b)

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

(4)

A payment of any supplementary grant made before the relevant date is an overpayment if the student withdraws from the course before the relevant date, unless the Secretary of State decides otherwise.

(5)

In this regulation, “the relevant date” is the course start date.

(6)

In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Secretary of State decides otherwise.

(7)

The circumstances are—

(a)

the Secretary of State applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the student,

(b)

the student’s period of eligibility terminates after the relevant date, and

(c)

the equipment has not been delivered to the student before the student’s period of eligibility terminates.

(8)

The circumstances are—

(a)

the student’s period of eligibility terminates after the relevant date, and

(b)

a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.

(9)

Where there is an overpayment of the disabled students’ allowance, the Secretary of State may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Secretary of State considers it appropriate to do so.

(10)

An overpayment of a loan for living costs in respect of a course year is recoverable by the Secretary of State from the student to whom the payment was made.

(11)

The methods of recovery are—

(a)

(b)

requiring the student to repay the loan in accordance with regulations made under section 22 of the 1998 Act as modified by section 28A of that Act;

(c)

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

Annotations

Commencement

I1: Reg. 90 in force at 1.9.2026, see reg. 1(1)(b)