34 C.F.R. § 30.28
(a) The Secretary may offset before completing the procedures otherwise required by §§ 30.22-30.27 if:
(b) If the Secretary offsets under paragraph (a) of this section, the Secretary:
(2) Refunds any amounts recovered under the offset that are later found not to be owed to the United States.
(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))