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 110
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How are amounts of FEE-HELP assistance paid?
If, under subsection 104-25(1) or 104-27(1) or section 104-42 , 104-43 or 104-44 , a person ' s *HELP balance is re-credited with an amount relating to *FEE-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under subsection 110-1(1) .
110-5(1A)
Subsection (1) does not apply to the provider if: (a) the person ' s *HELP balance was re-credited under subsection 104-25(1) (main case of re-crediting a person ' s HELP balance); and (b) the person enrolled in the unit as a *replacement unit.
110-5(1B)
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 (1A) 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 amounts.
110-5(2)
If, under subsection 104-25(2) or 104-27(2) , *Open Universities Australia re-credits a person ' s *HELP balance with an amount relating to *FEE-HELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110-1(2) .
Note:
Part 5-1 deals generally with payments by the Commonwealth under this Act.
SECTION 110-5 Effect of HELP balance being re-credited 110-5(1)If, under subsection 104-25(1) or 104-27(1) or section 104-42 , 104-43 or 104-44 , a person ' s *HELP balance is re-credited with an amount relating to *FEE-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount (if any) that was paid to the provider for the unit under subsection 110-1(1) .
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.
View history note
Hide history note110-5(1A)
Subsection (1) does not apply to the provider if: (a) the person ' s *HELP balance was re-credited under subsection 104-25(1) (main case of re-crediting a person ' s HELP balance); and (b) the person enrolled in the unit as a *replacement unit.
110-5(1B)
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 (1A) 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 amounts.
110-5(2)
If, under subsection 104-25(2) or 104-27(2) , *Open Universities Australia re-credits a person ' s *HELP balance with an amount relating to *FEE-HELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount (if any) that was paid to Open Universities Australia for the unit under subsection 110-1(2) .
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