The Education (Student Loans) (Scotland) Regulations 1999

Overpayments

14.—(1) Any overpayment of a loan in respect of any academic year may be recovered by the Secretary of State in exercise of his power under section 73B of the Act((1) if, in his opinion–

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility 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 these Regulations which shall be repayable in accordance with the Act and Regulations made under it.

(2) Where an overpayment of loan is treated as a loan properly made by virtue of paragraph (1) 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.

(3) Where an overpayment of loan is recoverable in accordance with paragraph (1) 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, under the Students' Allowance (Scotland) Regulations 1996 or otherwise, in respect of the academic year in question, or if necessary from any such 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.

(1)

1980 c. 44; section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 (c. 30).