Higher Education Support Act 2003
Chapter 4
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Repayment of loans
PART 4-1
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INDEBTEDNESS
Division 137
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How do HELP debts arise?
SECTION 137-10
FEE-HELP debts
Incurring FEE-HELP debts
137-10(1)
A person incurs a debt to the Commonwealth if, under section 110-1 , the Commonwealth: (a) makes a loan to the person; and (b) uses the amount lent to make a payment in discharge of the person ' s liability to pay his or her *tuition fee for a unit of study.
The amount of the *FEE-HELP debt is: (a) if the loan relates to *FEE-HELP assistance for a unit of study provided by a Table B provider - the amount of the loan; or (b) if paragraph (a) does not apply and the loan relates to FEE-HELP assistance for a unit of study that forms part of an *undergraduate course of study:
When FEE-HELP debts are incurred
137-10(3)
A *FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person ' s *tuition fee for the unit. Remission of FEE-HELP debts 137-10(4)
A person ' s *FEE-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under section 104-25 , 104-27 , 104-42 , 104-43 or 104-44 in relation to the unit.
A person incurs a debt to the Commonwealth if, under section 110-1 , the Commonwealth: (a) makes a loan to the person; and (b) uses the amount lent to make a payment in discharge of the person ' s liability to pay his or her *tuition fee for a unit of study.
The debt is a FEE-HELP debt.
137-10(2)The amount of the *FEE-HELP debt is: (a) if the loan relates to *FEE-HELP assistance for a unit of study provided by a Table B provider - the amount of the loan; or (b) if paragraph (a) does not apply and the loan relates to FEE-HELP assistance for a unit of study that forms part of an *undergraduate course of study:
(i) for a unit of study with a *census date between 1 April 2020 and 31 December 2022 - the amount of the loan; or
(ia) for a unit of study with a census date on or after 1 January 2023 - an amount equal to 120% of the loan; or
(c) if neither paragraph (a) nor (b) applies - the amount of the loan.
(ii) otherwise - an amount equal to 125% of the loan; or
View history note
Hide history noteA *FEE-HELP debt is taken to have been incurred by a person immediately after the *census date for the unit, whether or not the Commonwealth has made a payment in respect of the person ' s *tuition fee for the unit. Remission of FEE-HELP debts 137-10(4)
A person ' s *FEE-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under section 104-25 , 104-27 , 104-42 , 104-43 or 104-44 in relation to the unit.
Note:
The debt is taken to be remitted even if the person ' s HELP balance is not increased by an amount equal to the amount re-credited.
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