STUDENT ASSISTANCE ACT 1973

Part 2 - ABSTUDY student start-up loans  

Division 5 - Discharge of indebtedness  

Subdivision C - Compulsory discharge of indebtedness  

SECTION 10F   LIABILITY TO REPAY AMOUNTS  

10F(1)  


If:


(a) a person ' s HELP repayment income for an income year exceeds the minimum HELP repayment income for the income year; and


(b) on 1 June immediately preceding the making of an assessment in respect of the person ' s income of that income year, the person had an accumulated ABSTUDY SSL debt;

the person is liable to pay to the Commonwealth, in accordance with this Subdivision, so much of the person ' s repayable ABSTUDY SSL debt for the income year as does not exceed the amount worked out by the formula:


Applicable percentage of HELP repayment income - Relevant income-contingent loans liability

where:

applicable percentage of HELP repayment income
means the amount that is the percentage of the person ' s HELP repayment income applicable under the table in section 154-20 of the Higher Education Support Act 2003 .

relevant income-contingent loans liability
means the amount that is the sum of the following:


(a) the sum of any amounts the person is liable to pay under section 154-1 or 154-16 of the Higher Education Support Act 2003 in respect of the income year;


(aa) the sum of any amounts the person is liable to pay under section 23EA or 23EC of the VET Student Loans Act 2016 in respect of the income year;


(b) the sum of any amounts the person is liable to pay under section 1061ZZEZ of the Social Security Act 1991 , or section 12ZK of this Act, in respect of the income year;


(c) any amount the person is liable to pay under section 1061ZVHA of the Social Security Act 1991 in respect of the income year.

10F(2)  
A person is not liable under this section to pay an amount for an income year if the amount worked out under subsection (1) is zero or less.

10F(3)  
A person is not liable under this section to pay an amount for an income year if, under section 8 of the Medicare Levy Act 1986 :


(a) no Medicare levy is payable by the person on the person ' s taxable income for the income year; or


(b) the amount of the Medicare levy payable by the person on the person ' s taxable income for the income year is reduced.




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