Higher Education Support Act 2003
Subject to this section and sections 104-1A , 104-2 , 104-3 and 104-4 , a student is entitled to *FEE-HELP assistance for a unit of study if:
(a) the student meets the citizenship or residency requirements under section 104-5 ; and
(ab) the student is a *genuine student; and
(ac) the student has been assessed by the higher education provider as academically suited to undertake the unit concerned; and
(b) the student ' s *FEE-HELP balance is greater than zero; and
(c) the *census date for the unit is on or after 1 January 2005; and
(d) the student is not a *Commonwealth supported student in relation to the unit; and
(e) the unit meets the course requirements under section 104-10 ; and
(f) the unit:
(i) is, or is to be, undertaken as part of a *course of study; or
(ii) is a unit access to which was provided by *Open Universities Australia; or
(iii) is part of a *bridging course for overseas-trained professionals; and
(g) the student:
(i) enrolled in the unit on or before the census date for the unit; and
(ii) at the end of the census date, remained so enrolled; and
(h) the student *meets the tax file number requirements (see section 187-1 ); and
(i) the student has, on or before the census date:
(i) if access to the unit was provided by Open Universities Australia - completed, signed and given to an *appropriate officer of Open Universities Australia a *request for Commonwealth assistance in relation to the unit; or
(ii) in any other case - completed, signed and given to an appropriate officer of the higher education provider a request for Commonwealth assistance in relation to the unit or, where the course of study of which the unit forms a part is, or is to be, undertaken with the provider, in relation to the course of study.
[ CCH Note: S 104-1(1) will be amended by No 76 of 2018, s 3 and Sch 3 item 7, by substituting " *HELP balance " for " *FEE-HELP balance " in para (b), effective 1 January 2020. For application and transitional provisions, see note under Div 97 heading.]
In determining whether a student is a *genuine student, regard may be had to the matters (if any) specified in the Higher Education Provider Guidelines.
The assessment for the purposes of paragraph (1)(ac) must be done in accordance with any requirements specified in the Higher Education Provider Guidelines made for the purposes of section 19-42 .
A student is not entitled to *FEE-HELP assistance for a unit of study if:
(a) the unit forms a part of a *course of study; and
(b) the course of study is, or is to be, undertaken by the student primarily at an overseas campus.
A student is not entitled to *FEE-HELP assistance for a unit of study provided, or to be provided, by a higher education provider if:
(a) a limit on the total number of students entitled to FEE-HELP assistance, or on the total amount of FEE-HELP assistance payable to the provider, applies to the provider; and
(b) provision of FEE-HELP assistance to the student would exceed that limit.
A student is not entitled to *FEE-HELP assistance for a unit of study with a higher education provider if the higher education provider completes any part of the *request for Commonwealth assistance in relation to the unit that the student is required to complete.