Higher Education Support Act 2003

Chapter 4 - Repayment of loans  

PART 4-1 - INDEBTEDNESS  

Division 142 - Special measures for very remote HELP debtors  

SECTION 142-15   Reducing accumulated HELP debts  

142-15(1)  
The *Secretary must, on the application of a person under subsection (5), determine that the person ' s *accumulated HELP debt is to be reduced in relation to a *course of study in education by a specified amount if:


(a) the Secretary is satisfied that the person:


(i) has been a *very remote HELP debtor for a period of 4 years, or for periods within a continuous 6 year period that total 4 years; and

(ii) has met such other requirements (if any) as are specified in those Guidelines for the purposes of this subparagraph; and


(b) the Secretary has not previously determined under this section that the person ' s accumulated HELP debt is to be reduced in relation to a course of study in education.

142-15(2)  
If the *Secretary determines that a person ' s *accumulated HELP debt is to be reduced, the amount by which that debt is reduced is the amount equal to the lesser of the following:


(a) the sum of the amounts of *HECS-HELP debt and *FEE-HELP debt incurred by the person in respect of units of study:


(i) with a total *EFTSL value of not more than 5.0 *EFTSL; and

(ii) undertaken as part of the *course of study in education mentioned in subsection (1);


(b) the amount of the person ' s accumulated HELP debt at the start of the period of 4 years, or at the start of the first period of the periods totalling 4 years, referred to in subparagraph (1)(a)(i).

142-15(3)  
To avoid doubt, subsection (2) may have the effect of reducing a person ' s *accumulated HELP debt for a financial year to less than zero.

142-15(4)  
The *Secretary must, within 28 days after the day the Secretary receives an application under subsection (5), notify the person of the Secretary ' s decision on that application. The notice must:


(a) be in writing; and


(b) if the Secretary has determined that the person ' s *accumulated HELP debt is to be reduced - state the amount by which that debt is to be reduced.

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 28 days: see section 206-5 .

142-15(5)  
A person may apply to the *Secretary for a determination under subsection (1) that the person ' s *accumulated HELP debt 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 Very Remote HELP Debtor Guidelines for the purposes of this paragraph.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.