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The Children Act 1989 (Higher Education Bursary)(England) Regulations 2009
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- 2009 No. 2274
- Regulation 4
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4.—(1) The local authority may pay the higher education bursary to a former relevant child as a lump sum or by instalments.
(2) In the case of a former relevant child who started higher education on or after 1st September 2008 but before 1st September 2009—
(a)if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009; or
(b)if the higher education bursary is to be paid by instalments, the first instalment must be paid by 31st December 2009 and the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.
(3) In the case of a former relevant child who starts higher education on or after 1st September 2009—
(a)if the higher education bursary is to be paid as a lump sum, it must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; or
(b)if the higher education bursary is to be paid by instalments—
(i)the first instalment must be paid by 31st December 2009 or not more than four weeks after the start of the first year of the course, whichever is the later; and
(ii)the final instalment must be paid before the end of the final year of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.
(4) Before making any decision about payment of the higher education bursary the local authority must, as far as reasonably practicable, ascertain and give due consideration to the wishes and feelings of the former relevant child.
(5) The local authority may withhold payment of any unpaid balance of the higher education bursary during any period when the former relevant child is not pursuing higher education in accordance with the pathway plan(1) for that person.
(6) The local authority may recover the whole of the higher education bursary or any part of it from a person to whom payment has been made if there has been a mistake as to the eligibility of that person for the payment.
(1)
“Pathway plan” is defined in section 23E of the 1989 Act, inserted by the Children (Leaving Care) Act 2000 (c. 35).
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