Student Support Act 2011
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Change of circumstances. |
19.— (1) An awarding authority shall consider information relating to a student who is in receipt of or is to receive payment in respect of a grant in relation to which a determination was made under section 18 (6)(a) and shall determine, having regard to such criteria as are specified in the relevant scheme of grants, if the student remains eligible for the grant in any of the following circumstances: | |
(a) the awarding authority is notified under subsection (2), | ||
(b) the student has furnished information under subsection (4) or has, without a satisfactory explanation, failed to furnish that information under that subsection, | ||
(c) the authority is furnished with a report of an inquiry officer under section 22 , or | ||
(d) relevant information relating to the student comes into the possession of the authority. | ||
(2) A student shall immediately notify the awarding authority in writing— | ||
(a) if the student becomes aware that, by reason of any material change in the circumstances of the student or, as the case may be, spouse, civil partner, cohabitant or parent of the student— | ||
(i) any information furnished by the student in his or her application, under section 18 , for the grant concerned, which could reasonably be considered to have a bearing on the award of the grant to the student is no longer correct, or | ||
(ii) it is no longer possible to comply with conditions the continued compliance with which is required in order that the student remains eligible to receive the grant concerned, | ||
or | ||
(b) if the student becomes aware that any information furnished by him or her in relation to himself or herself or, as the case may be, spouse, civil partner, cohabitant or parent of the student, which could reasonably be considered to have a bearing on the award of the grant to the student was incorrect, | ||
of the material change in circumstances or incorrect information. | ||
(3) An awarding authority may at any time give a notice in writing to a student who is in receipt of or is to receive payment in respect of a grant requiring the student to furnish such information specified in the notice as the authority considers appropriate, within the period so specified, for the purpose of determining if the student remains eligible for the grant concerned. | ||
(4) A student shall furnish the information required by the authority within the period specified in the notice. | ||
(5) An awarding authority may, where it considers it appropriate in all the circumstances, cease payment, in whole or in part, in respect of a grant notwithstanding that it has not yet made a determination of the kind referred to in subsection (6). | ||
(6) In making a determination under subsection (1) an awarding authority may determine that a student— | ||
(a) remains eligible for the grant in relation to which a determination was made under section 18 (6)(a), and accordingly shall continue to pay the grant and arrears, if any, due to the student in respect of any period under subsection (5) during which payment ceased, | ||
(b) is not eligible for the grant in relation to which a determination was made under section 18 (6) (a) but is eligible for another grant and accordingly shall, as appropriate— | ||
(i) pay the grant for which the awarding authority determines the student is eligible, if necessary taking into account moneys paid to or on behalf of the student in respect of the grant for which it determines the student is not eligible and paid to the student while he or she was so eligible, and arrears if any, due to the student in respect of any period under subsection (5) during which payment ceased, or | ||
(ii) request from the student return of any moneys paid to or on behalf of the student in relation to the grant for which it determines the student is not eligible during the period the student was not so eligible, where the grant in respect of which the student is not eligible exceeds the grant for which the student is eligible, taking into account arrears, if any due to the student in respect of any period under subsection (5) during which payment ceased, | ||
or, | ||
(c) is not eligible for the grant in relation to which a determination was made under section 18 (6)(a), and accordingly if the authority has not already done so under subsection (5) shall immediately cease paying the grant and request from the student return of any moneys paid to or on behalf of the student in respect of the grant during the period while the student is not so eligible. | ||
(7) The awarding authority shall as soon as practicable, give notice in writing to the student of the determination under this section and the reasons therefor and shall inform the student of his or her right to appeal the determination to an appeals officer. | ||
(8) A determination of an awarding authority under this section shall come into effect on the giving of a notice under subsection (7). |