Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 104 - Who is entitled to FEE-HELP assistance?  

Subdivision 104-B - Re-crediting HELP balances in relation to FEE-HELP assistance  

SECTION 104-43   Re-crediting a person ' s HELP balance in relation to FEE-HELP assistance if not a genuine student  

104-43(1)    
A higher education provider must, on the *Secretary ' s behalf, re-credit a person ' s *HELP balance with an amount equal to the amounts of *FEE-HELP assistance that the person received for a unit of study if:

(a)    the person has been enrolled in the unit with the provider; and

(b)    

the Secretary has determined under subsection 104-1(1AA) that the student is not a genuine student in relation to the unit.
Note:

A FEE-HELP debt relating to a unit of study will be remitted if the HELP balance in relation to the unit is re-credited: see subsection 137-10(4) .


104-43(2)    
The *Secretary may re-credit the person ' s *HELP balance under subsection (1) if the provider is unable to do so.



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