§ 11. Mr. Freudasked the Secretary of State for Education and Science under what circumstances local education authorities are empowered to claim back student grants.
§ The Under-Secretary of State for Education and Science (Mr. William Waldegrave)Under the Education (Mandatory Awards) Regulations, LEAs are empowered to claim back from students any amount they have been paid which exceeds, for whatever reasons, the grant payable in respect of that year.
§ Mr. FreudWill the Minister confirm that there is neither Government pressure on nor legal necessity for a local education authority to sue the estate of a deceased student for the return of an education grant? Will he also tell the House and the Cambridge education authority whether it is statutory or mandatory for the grant to the sister of a deceased student to be cut in the middle of an academic year by virtue of the death of her brother?
§ Mr. WaldegraveI shall take the latter point first. I believe that the hon. Gentleman knows that a local authority has the right to alter a child's grant if no grant is being paid to another child. All these matters are within the discretion of the local authority. Local authorities have different views about these matters.
§ Mr. Carter-JonesWhen a discretionary grant has been paid by a local authority to keep a youngster from being unemployed, do the Minister and his Department consider that the authority should approach the Department of Employment to recover that money?
§ Mr. WaldegraveI am not clear to what the hon. Gentleman is referring. The hon. Member for Isle of Ely (Mr. Freud) was talking about a mandatory award. It is wholly within the discretion of the local authority to give or withdraw discretionary awards.