Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 142 - Special measures for location-preferred HELP debtors - teachers  

SECTION 142-10   Reducing indexation of accumulated HELP debts  

142-10(1)    
The *Secretary must, on the application of a person under subsection (4) , determine that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced if:

(a)    

on 1 June of the financial year in relation to which the application is made, the person has an *accumulated HELP debt; and

(b)    

the Secretary is satisfied that the person:

(i) was a *location-preferred HELP debtor (teacher) at any time during the calendar year (the applicable calendar year ) ending on 31 December in the financial year; and

(ii) has met such other requirements (if any) as are specified in the HELP Debtor Guidelines (Teachers) for the purposes of this subparagraph.

142-10(2)    


If the *Secretary determines that the indexation of the person ' s *accumulated HELP debt for a financial year is to be reduced, the Secretary must determine the number of days in the applicable calendar year in respect of which the person was a *location-preferred HELP debtor (teacher).

142-10(3)    


The *Secretary must, within the period specified by subsection (3A) , give notice to the person of the Secretary ' s decision on that application. The notice must:

(a)    be in writing; and

(b)    if the Secretary determines that the indexation of the person ' s accumulated HELP debt for a financial year is to be reduced - state the number of days determined by the Secretary under subsection (2) .


142-10(3A)    


For the purposes of subsection (3) , the period is:

(a)    the period of 60 days after the day the *Secretary receives the application under subsection (4) ; or

(b)    any longer period (not exceeding 6 months) determined in writing by the Secretary in relation to the application.

Note:

The Secretary is taken to have made a decision to reject the application if the Secretary does not notify the person of the decision within the period specified by this subsection: see section 206-5 .


142-10(3B)    


If the notice states a number of days by which indexation of the person ' s *accumulated HELP debt is to be reduced, the *Secretary must give a copy of the notice to the *Commissioner.

142-10(4)    
A person may apply to the *Secretary for a determination under subsection (1) that the indexation of the person ' s *accumulated HELP debt for a financial year be reduced. The application must:

(a)    be in writing; and

(b)    be in the form (if any) approved by the Secretary and accompanied by the information (if any) required by the Secretary; and

(c)    include the person ' s *tax file number; and

(d)    

meet any requirements specified by the HELP Debtor Guidelines (Teachers) for the purposes of this paragraph.



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