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 137-5
HECS-HELP debts
Incurring HECS-HELP debts
137-5(1)
A person incurs a debt to the Commonwealth if, under section 96-1 , 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 *student contribution amount for a unit of study.
137-5(2)
The amount of the *HECS-HELP debt is the amount of the loan. When HECS-HELP debts are incurred 137-5(3)
A *HECS-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 *student contribution amount for the unit. Remission of HECS-HELP debts 137-5(4)
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if section 36-20 , 36-24A , 36-24B , 36-24BB or 36-24BC applies to the person (even if subsection 36-20(3) , 36-24BB(3) or 36-24BC(3) applies to the provider in relation to the person).
137-5(5)
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under Division 97 in relation to the unit.
A person incurs a debt to the Commonwealth if, under section 96-1 , 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 *student contribution amount for a unit of study.
The debt is a HECS-HELP debt.
View history note
Hide history noteThe amount of the *HECS-HELP debt is the amount of the loan. When HECS-HELP debts are incurred 137-5(3)
A *HECS-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 *student contribution amount for the unit. Remission of HECS-HELP debts 137-5(4)
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if section 36-20 , 36-24A , 36-24B , 36-24BB or 36-24BC applies to the person (even if subsection 36-20(3) , 36-24BB(3) or 36-24BC(3) applies to the provider in relation to the person).
A person ' s *HECS-HELP debt in relation to a unit of study is taken to be remitted if the person ' s *HELP balance is re-credited under Division 97 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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