Higher Education Support Act 2003
Chapter 3
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Assistance to students
PART 3-3
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FEE-HELP ASSISTANCE
Division 104
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Who is entitled to FEE-HELP assistance?
Subdivision 104-B
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Re-crediting HELP balances in relation to FEE-HELP assistance
SECTION 104-43
Re-crediting a person
'
s HELP balance in relation to FEE-HELP assistance if not a genuine student
104-43(1)
A higher education provider must, on the * Secretary ' s behalf, re-credit a person ' s * HELP balance with an amount equal to the amounts of * FEE-HELP assistance that the person received for a unit of study if: (a) the person has been enrolled in the unit with the provider; and (b) the Secretary has determined under subsection 104-1(1AA) that the student is not a genuine student in relation to the unit.
104-43(2)
The * Secretary may re-credit the person ' s * HELP balance under subsection (1) if the provider is unable to do so.
View history note
Hide history noteA higher education provider must, on the * Secretary ' s behalf, re-credit a person ' s * HELP balance with an amount equal to the amounts of * FEE-HELP assistance that the person received for a unit of study if: (a) the person has been enrolled in the unit with the provider; and (b) the Secretary has determined under subsection 104-1(1AA) that the student is not a genuine student in relation to the unit.
Note 1:
A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-10(4) .
Note 2:
For certain FEE-HELP debts relating to a unit of study, the amount to be re-credited under this section in relation to the unit may be reduced: see section 104-44A .
104-43(2)
The * Secretary may re-credit the person ' s * HELP balance under subsection (1) if the provider is unable to do so.
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