Chapter 3
-
Assistance to students
PART 3-3
-
FEE-HELP ASSISTANCE
Division 107
-
How are amounts of FEE-HELP assistance worked
out?
SECTION 107-10
Amounts of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance must not exceed the HELP balance
Amount of FEE-HELP assistance for one unit
107-10(1)
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student
'
s *HELP balance on the *census date for the unit if:
(a)
there is no other:
(i)
unit of study, with the same census date, for which the student is entitled to FEE-HELP assistance; or
(ia)
unit of study, with the same census date, for which the student is entitled to HECS-HELP assistance; or
(ii)
*VET unit of study, with the same census date, for which the student is entitled to *VET FEE-HELP assistance; and
(b)
the amount of FEE-HELP assistance to which the student would be entitled under section
107-1
for the unit would exceed that HELP balance.
Note 1:
For transitional provisions relating to subparagraph (a)(ia), see Part 2 of Schedule 3 to the
Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018.
Note 2:
The amount of a *VET student loan is limited by reference to the student
'
s HELP balance
-
see sections 8 and 20 of the
VET Student Loans Act 2016
. The student
'
s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student
-
see section
128-15
.
History
S 107-10(1) amended by No 76 of 2018, s 3 and Sch 3 items 36
-
39, by substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
, inserting para (a)(ia), substituting
"
that HELP balance
"
for
"
that FEE-HELP balance
"
in para (b) and inserting Note 1 and 2 at the end, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
Amount of FEE-HELP assistance for more than one unit
107-10(2)
If the sum of:
(a)
the amount of *FEE-HELP assistance to which a student would be entitled under section
107-1
for a unit of study; and
(b)
any other amounts of:
(i)
FEE-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit; and
(ia)
*HECS-HELP assistance to which the student would be entitled under section
93-1
for other units that have the same census date as that unit; and
(ii)
*VET FEE-HELP assistance to which the student would be entitled under clause
52
of Schedule
1A
for other units that have the same census date as that unit;
would exceed the student
'
s *HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE-HELP assistance, HECS-HELP assistance and VET FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that that HELP balance.
Example:
Kath has a HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath
'
s tuition fee for each unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.
Note 1:
For transitional provisions relating to subparagraph (b)(ia), see Part 2 of Schedule 3 to the
Higher Education Support Legislation Amendment (Student Loan Sustainability) Act 2018
.
Note 2:
The amount of a *VET student loan is limited by reference to the student
'
s HELP balance
-
see sections 8 and 20 of the
VET Student Loans Act 2016
. The student
'
s HELP balance is reduced by the amount of any VET student loans that have previously been payable to the student
-
see section
128-15
.
History
S 107-10(2) amended by No 76 of 2018, s 3 and Sch 3 items 40
-
45, by inserting para (b)(ia) after para (b)(i), substituting
"
*HELP balance
"
for
"
*FEE-HELP balance
"
, inserting
"
, HECS-HELP assistance
"
after
"
of FEE-HELP assistance
"
, substituting
"
that HELP balance
"
for
"
that FEE-HELP balance
"
,
"
HELP balance
"
for
"
FEE-HELP balance
"
in the example and inserting Note 1 and Note 2 at the end, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
107-10(3)
If the student has enrolled in the units with more than one higher education provider or *VET provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.
History
S 107-10(3) amended by No 76 of 2018, s 3 and Sch 3 item 46, by inserting
"
,*HECS-HELP assistance
"
after
"
of *FEE-HELP assistance
"
, effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
107-10(4)
If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:
(a)
notify Open Universities Australia of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and
(b)
notify each higher education provider or *VET provider at which the student is enrolled in a unit, access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE-HELP assistance,*HECS-HELP assistance or *VET FEE-HELP assistance that is to be payable in relation to that unit.
History
S 107-10(4) amended by No 76 of 2018, s 3 and Sch 3 item 47, by inserting
"
,*HECS-HELP assistance
"
after
"
of FEE-HELP assistance
"
in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div
97
heading.
History
S 107-10 substituted by No 170 of 2007, s 3 and Sch 1 item 8, effective 1 January 2008. S 107-10 formerly read:
SECTION 107-10 Amounts of FEE-HELP assistance must not exceed the FEE-HELP balance
Amount of FEE-HELP assistance for one unit
107-10(1)
The amount of *FEE-HELP assistance to which a student is entitled for a unit of study is an amount equal to the student
'
s *FEE-HELP balance on the *census date for the unit if:
(a)
there is no other unit of study, with the same census date, for which the student is entitled to FEE-HELP assistance; and
(b)
the amount of FEE-HELP assistance to which the student would be entitled under section
107-1
for the unit would exceed that FEE-HELP balance.
Amount of FEE-HELP assistance for more than one unit
107-10(2)
If the sum of:
(a)
the amount of *FEE-HELP assistance to which a student would be entitled under section
107-1
for a unit of study; and
(b)
any other amounts of FEE-HELP assistance to which the student would be entitled under that section for other units that have the same *census date as that unit;
would exceed the student
'
s *FEE-HELP balance on the census date for the unit, then, despite subsection (1) of this section, the total amount of FEE-HELP assistance to which the student is entitled for all of those units is an amount equal to that FEE-HELP balance.
Example:
Kath has a FEE-HELP balance of $2,000, and is enrolled in 4 units with the same census date. Kath
'
s tuition fee for each unit is $600. The total amount of FEE-HELP assistance to which Kath is entitled for the units is $2,000, even though the total amount of her tuition fees for the units is $2,400.
107-10(3)
If the student has enrolled in the units with more than one higher education provider, and access to none of the units was provided by *Open Universities Australia, the student must notify each provider of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to the units in which the student has enrolled with that provider.
107-10(4)
If access to some, but not all, of the units of study was provided by *Open Universities Australia, the student must:
(a)
notify Open Universities Australia of the proportion of the total amount of *FEE-HELP assistance that is to be payable in relation to units access to which was provided by Open Universities Australia; and
(b)
notify each higher education provider at which the student is enrolled in a unit access to which was not provided by Open Universities Australia, of the proportion of the total amount of FEE-HELP assistance that is to be payable in relation to that unit.
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