Higher Education Support Act 2003

Chapter 3 - Assistance to students  

PART 3-2 - HECS-HELP ASSISTANCE  

Division 96 - How are amounts of HECS-HELP assistance paid?  

Note:

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

SECTION 96-5   Effect of HELP balance being re-credited  

96-5(1)  
If, under Division 97 , a person ' s *HELP balance is re-credited with an amount relating to *HECS-HELP assistance for a unit of study, the provider must pay to the Commonwealth an amount equal to the amount of HECS-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 HELP balance is not increased by an amount equal to the amount re-credited.

96-5(2)  
Subsection (1) does not apply to the provider if:

(a)  the person ' s *HELP balance was re-credited under subsection 97-25(2) (which deals with the main case of re-crediting a person ' s HELP balance); and

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

96-5(3)  
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to the re-crediting of a person ' s *HELP balance in circumstances to which subsection (2) 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 amount.




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