PART 9 E+WPAYMENTS

CHAPTER 5E+WOVERPAYMENTS

[F1Overpayment of fee loans]E+W

117.—(1) Any overpayment of [F2a fee loan] is recoverable by the Secretary of State from—

(a)the academic authority; or

(b)the student in respect of whom the payment of [F2a fee loan] was made.

[F3(1A) A student must, if so required by the Secretary of State, repay any amount of [F4a fee loan] paid in respect of the student which for whatever reason exceeds the amount of [F4a fee loan] to which the student is entitled.]

[F5(1B) An academic authority must, if so required by the Secretary of State, repay any amount of a fee loan paid to the academic authority in respect of a student which for whatever reason exceeds the amount of a fee loan to which the student is entitled.]

(2) An overpayment of a fee 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 amount of the fee loan which remains to be paid;

[F6(aa)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 fee loan in accordance with regulations made under section 22 of the 1998 Act;

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