Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-3 - FEE-HELP ASSISTANCE  

Division 110 - How are amounts of FEE-HELP assistance paid?  

Note:

Part 5-1 deals generally with payments by the Commonwealth under this Act.

SECTION 110-5   Effect of FEE-HELP balance being re-credited  

110-5(1)  


If, under subsection 104-25(1) or 104-27(1) or section 104-42 , 104-43 or 104-44 , a person ' s *FEE-HELP balance is re-credited with an amount relating to *FEE-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of FEE-HELP assistance to which the person was entitled for the unit.
Note:

The provider must repay the amount under subsection (1) even if the person ' s FEE-HELP balance is not increased by an amount equal to the amount re-credited.

110-5(1A)  


Subsection (1) does not apply to the provider if:


(a) the person ' s *FEE-HELP balance was re-credited under subsection 104-25(1) (main case of re-crediting a person ' s FEE-HELP balance); and


(b) the person enrolled in the unit in circumstances that make it a replacement unit within the meaning of the *tuition assurance requirements.

110-5(1B)  


The Higher Education Provider Guidelines may, in setting out the tuition assurance requirements, specify, in relation to the re-crediting of a person ' s *FEE-HELP balance in circumstances to which subsection (1A) applies:


(a) the amount (if any) that is to be paid to the Commonwealth; and


(b) the person (if any) who is to pay the amounts.

110-5(2)  


If, under subsection 104-25(2) or 104-27(2) , *Open Universities Australia re-credits a person ' s *FEE-HELP balance with an amount relating to *FEE-HELP assistance for a unit of study, Open Universities Australia must pay to the Commonwealth an amount equal to the amount of FEE-HELP assistance to which the person was entitled for the unit.



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