Higher Education Support Act 2003

Chapter 3 - Assistance to students  


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


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

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

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.


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.

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.

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.

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