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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 58/14

NEWFOUNDLAND AND LABRADOR
REGULATION 58/14

Student Financial Assistance
Administration Regulations
(Amendment)
under the
Student Financial Assistance Act

(Filed July 30, 2014)

Under the authority of section 15 of the Student Financial Assistance Act, I make the following regulations.

Dated at St. John’s, July 15, 2014.

Kevin O'Brien
Minister of Advanced Education and Skills

REGULATIONS

Analysis


        1.   S.14 R&S
Reassessment

        2.   S.15 R&S
Overaward

        3.   S.19 Amdt.
Financial assistance review and appeal

        4.   S.21 Amdt.
Time limitation

        5.   Commencement


NLR 106/03
as amended

        1. Section 14 of the Student Financial Assistance Administration Regulations is repealed and the following substituted:

Reassessment

      14. (1) The minister may reassess an application for financial assistance where

             (a)  information is made available to the minister that differs from the information provided with respect to a previous or current application of that person;

             (b)  an audit of the application reveals to the minister information that differs from the information provided with respect to a previous or current application of that person; or

             (c)  an applicant for financial assistance has failed to file with the minister the documentation and information required to verify a statement made as part of his or her application.

             (2)  Where a person's eligibility is reassessed under paragraphs (1)(a) to (c) with respect to a current period of study and that reassessment reveals that he or she is entitled to more financial assistance, another notice of financial assistance may be issued for that additional financial assistance before a date that the minister may establish.

             (3)  In addition to a reassessment under subsection (1), the minister may reassess an application for financial assistance of a person in a program of study outside the province where the minister determines that an error or mistake has been made with respect to the amount of a grant the person is eligible to receive under section 4 of the Student Financial Assistance Regulations.

             (4) Where a person's eligibility is reassessed under subsection (3) with respect to a current period of study and that reassessment reveals that he or she is not entitled to a portion of the grant issued or is entitled to a grant in an amount greater than the grant issued, another notice of financial assistance setting out the adjusted amount of student loan and grant may be issued before a date that the minister may establish.

 

        2. Section 15 of the regulations is repealed and the following substituted:

Overaward

      15. (1) Where as a result of a reassessment under subsection 14(1) it is determined that a person has received more financial assistance than that to which he or she was entitled, the minister may, by written notice, require that person to repay all or a portion of the overaward and the amount repayable shall

             (a)  be deducted from that person's future entitlements to financial assistance; or

             (b)  where a person has commenced repayment, be repaid by that person in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

             (2)  Where all or a portion of an overaward under subsection (1) is in respect of a grant issued under section 4 of the Student Financial Assistance Regulations, any amount of the overaward that has not been recovered under paragraph (1)(a) by the last day of the sixth month following the date the person ceases to be a full time student shall be converted into a student loan and repaid in accordance with the repayment plan applicable to him or her for financial assistance that has been received. 

             (3)  Where a reassessment under subsection 14(3) results in an overaward in respect of a grant issued under section 4 of the Student Financial Assistance Regulations, the minister may, by written notice, require that person to repay all or a portion of the overaward and the repayable amount shall be converted into a student loan and repaid in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

             (4)  The minister may cancel or amend a requirement to repay all or a portion of an overaward in respect of a grant to which subsection (2) applies where the minister determines that an error occurred or extenuating circumstances exist.

             (5)  Notwithstanding subsection (2), an overaward in respect of a grant issued before August 1, 2014 shall not be converted into a student loan.

 

        3. Subsection 19(1) of the regulations is repealed and the following substituted:

Financial assistance review and appeal

      19. (1) A person aggrieved of a decision with respect to the amount of financial assistance, other than debt reduction assistance, for which he or she is eligible or with respect to the conversion of a grant into a student loan may apply to the minister in writing for a review of that decision.

 

        4. Section 21 of the regulations is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding subsections (1) to (3) and 20(2), where a person is aggrieved of a decision with respect to an overaward to which subsection 15(2) applies,

             (a)  an application for review under section 19 shall be made not later than the first day of the fifth month after the date the person ceases to be a full time student;

             (b)  an appeal made under section 20 shall be made not later than the first day of the sixth month after the date the person ceases to be a full time student; and

             (c)  the appeal board shall hear and consider the appeal not more than 4 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 12(3) of the Act.

Commencement

        5. These regulations come into force on August 1, 2014.