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VET Student Loans Act 2016

PART 6 - RE-CREDITING HELP BALANCES

History

Pt 6 heading substituted by No 76 of 2018, s 3 and Sch 3 item 131, effective 1 January 2020. No 76 of 2018, s 3 and Sch 3 items 145 and 146 contains the following transitional provisions:

…
145 Transitional - re-credited amounts
145
If, before 1 January 2020, an amount was re-credited to a person ' s FEE-HELP balance under:

(a) Subdivision 104-B of the Higher Education Support Act 2003 ; or

(b) Subdivision 7-B of Schedule 1A to that Act; or

(c) Part 6 of the VET Student Loans Act 2016 ;
section 128-15 of the Higher Education Support Act 2003 (as amended by this Schedule) has effect as if the amount had been re-credited to the person ' s HELP balance immediately after the start of 1 January 2020.
146 Transitional - pending decisions about re-credited amounts
146
If:

(a) an application for the re-crediting of an amount to a person ' s FEE-HELP balance was made before 1 January 2020; and

(b) the application was made under:

(i) section 104-25 of the Higher Education Support Act 2003 ; or

(ii) clause 46 of Schedule 1A to that Act; or

(iii) section 72 of the VET Student Loans Act 2016 ; and

(c) no decision was made on the application before the commencement of this item;
the application has effect, after the start of 1 January 2020, as if it were an application for the re-crediting of the amount to the person ' s HELP balance.

…

Pt 6 heading formerly read:

PART 6 - RE-CREDITING FEE HELP BALANCES

Division 2 - Re-crediting by course provider

SECTION 68 SPECIAL CIRCUMSTANCES

68(1)

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The course provider must, on the Secretary ' s behalf, re-credit a student ' s HELP balance if:

(a) the student applies to the provider in writing for the re-credit; and

(b) the application is made within 12 months after the census day for the course, or the part of the course; and

(c) the provider is satisfied that special circumstances prevented, or will prevent, the student from completing the requirements for the course, or the part of the course.

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68(2)
The course provider may extend the period for making the application mentioned in paragraph (1)(b) .

68(3)
Circumstances are special circumstances if they:

(a) are beyond the student ' s control; and

(b) do not make their full impact on the student until on or after the census day for the course, or the part of the course; and

(c) make it impracticable for the student to complete the requirements for the course, or the part of the course, during the student ' s enrolment in the course, or the part of the course.

68(4)

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Subject to subsection (4A) , the amount re-credited must equal the amount of the VET student loan that has been used to pay tuition fees for the student for the course, or the part of a course.

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68(4A)

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If:

(a) this section applies to re-credit a student ' s HELP balance in relation to an amount of a VET student loan that has been used to pay tuition fees for the student for a course, or a part of a course; and

(b) on or before 1 June 2025, the person incurred a VETSL debt relating to the amount of the VET student loan;

then the amount to be re-credited to the student ' s HELP balance under this section is an amount equal to 80% of the amount of the VET student loan.

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68(5)
The course provider must, as soon as practicable:

(a)

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consider an application for a student ' s HELP balance to be re-credited under this section; and

(b) notify the student of the provider ' s decision on the application.

The notice must include a statement of the reasons for the decision.

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