Overpayments
119.—(1) An eligible postgraduate student must, if so required by the Welsh Ministers, repay any amount paid to the eligible postgraduate student under this Part which for whatever reason exceeds the amount of grant to which the eligible postgraduate student is entitled under this Part.
(2) The Welsh Ministers must recover an overpayment of grant under this Part unless they consider it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant payable to the eligible postgraduate student from time to time pursuant to regulations made by the Welsh Ministers under section 22 of the 1998 Act;
(b)taking such other action for the recovery of an overpayment as is available to them.
(4) A payment of grant under this Part made before the relevant date is an overpayment if the eligible postgraduate student withdraws from the course before the relevant date unless the Welsh Ministers decide otherwise.
(5) In this regulation, the “relevant date” (“dyddiad perthnasol”) is the date on which the first term of the academic year in question actually begins.
(6) In either of the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Welsh Ministers decide otherwise.
(7) The circumstances referred to in paragraph (6) are—
(a)the Welsh Ministers apply all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate 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 referred to in paragraph (6) are—
(a)the eligible postgraduate student’s period of eligibility terminates; and
(b)a payment of grant under this Part 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 grant under this Part, the Welsh Ministers may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if they consider it is appropriate to do so.
(10) For the purpose of this regulation reference to an eligible postgraduate student includes a person who has received support under this Part but who does not satisfy the requirements of regulation 110 (eligible postgraduate students).