Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Act 2020 (93 of 2020)
Schedule 4 Student protection
Part 1 Amendments commencing 1 January 2021
Division 1 Amendments
Higher Education Support Act 2003
22 At the end of Division 96
96-5 Effect of HELP balance being re-credited
(1) If, under Division 97, a person's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of HECS-HELP assistance to which the person was entitled for the unit.
Note: The provider must repay the amount under subsection (1) even if the person's HELP balance is not increased by an amount equal to the amount re-credited.
(2) Subsection (1) does not apply to the provider if:
(a) the person's *HELP balance was re-credited under subsection 97-25(2) (which deals with the main case of re-crediting a person's HELP balance); and
(b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition protection requirements.
(3) The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re-crediting of a person's *HELP balance in circumstances to which subsection (2) applies:
(a) the amount (if any) that is to be paid to the Commonwealth; and
(b) the person (if any) who is to pay the amount.
96-10 Implications for student's liability to higher education provider for student contribution amount
If, under Division 97, a student's *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the student is discharged from all liability to pay or account for so much of the student's *student contribution amount for the unit as is equal to that amount.